New Zealand Case Law: Decisions & Judgments

Topic

Breach of community sentences

Legal area

Court

20 Aug 2020

CHAPMAN v NZ POLICE and DEPARTMENT OF CORRECTIONS [2020] NZHC 2108

Citation

[2020] NZHC 2108
Court

High Court

The High Court found the aggregate uplifts applied to the lead offence were manifestly excessive, reduced the uplifts (deception uplift from 12 to 6 months; breach uplifts from 6 to 2 months), applied a 20% guilty plea discount and substituted the District Court's imprisonment terms with concurrent home detention orders because the overall adjusted sentence was short‑term and home detention was suitable given the appellant's personal circumstances and supportive approved address.
19 May 2020

HAEREROA v R [2020] NZCA 169

Citation

[2020] NZCA 169
Court

Court of Appeal

The Court accepted the District Court's starting point for the fraud offending was too high and fixed it at 16 months but held that, after recalculation and applying the relevant discounts and the totality principle, the end sentence was not manifestly excessive; references to whakapapa were not aggravating; the appeal was dismissed and the sentence upheld.
20 Jul 2018

McKECHNIE v R [2018] NZHC 1811

Citation

[2018] NZHC 1811
Court

High Court

The appeal is dismissed because the High Court concluded the District Court judge's starting point and uplifts were within the available range and the end sentence of two years one month imprisonment was not manifestly excessive; cash forfeited under the Misuse of Drugs Act 1975 cannot be credited as mitigation for sentencing absent an instrument forfeiture order under s10B of the Sentencing Act 2002.
8 Sept 2017

MOKA v NEW ZEALAND POLICE [2017] NZHC 2177

Citation

[2017] NZHC 2177
Court

High Court

The High Court held the sentencing Judge did not err: the offences were distinct in time and kind so cumulative sentencing was appropriate, the starting points were within range when viewed in context including antecedents and prior offending, the Judge considered totality, and the aggregate 14 month sentence was not manifestly excessive; therefore the appeal was dismissed.
13 Jul 2017

SMITH v NEW ZEALAND POLICE [2017] NZHC 1616

Citation

[2017] NZHC 1616
Court

High Court

The District Court did not err: given the appellant's pattern of repeat drink driving offending, prior imprisonment and home detention breach, the pre-sentence assessment of high risk of reoffending and harm, and the sentencing purposes of deterrence, denunciation and protection, the judge validly declined to commute the term to home detention and the seven month sentence was not manifestly excessive and was affirmed on appeal.

New Zealand Case Law

CHAPMAN v NZ POLICE and DEPARTMENT OF CORRECTIONS [2020] NZHC 2108

HAEREROA v R [2020] NZCA 169

McKECHNIE v R [2018] NZHC 1811

MOKA v NEW ZEALAND POLICE [2017] NZHC 2177

SMITH v NEW ZEALAND POLICE [2017] NZHC 1616