New Zealand Case Law: Decisions & Judgments

Topic

Breach of home detention

Legal area

Court

31 Oct 2022

LOUDEN v POLICE [2022] NZHC 2817

Citation

[2022] NZHC 2817
Court

High Court

The appeal was dismissed because the Judge's overall sentence of 10 months fell within the permissible range and was not manifestly excessive; the discounts for guilty plea and addiction were reasonable given the evidence and lack of independent evidence of further mitigating mental health factors or tangible remorse, and the Judge was entitled to decline leave to apply for substitution to home detention in light of the prior home detention breach and the applicant's own statements undermining electronic monitoring.
25 Aug 2022

ANNEAR v R [2022] NZHC 2135

Citation

[2022] NZHC 2135
Court

High Court

The High Court concluded the assault fell at the upper end of band two under Nuku given head strikes, vulnerability, weapon use, facilitation of theft and some premeditation; a 20‑month starting point for the assault was available, a combined starting point of 33 months for all offending (adjusted for totality) was appropriate, a 10% uplift applied for offending while on release, and discounts of 25% for guilty pleas, 10% for addiction and 5% for remorse produced a substituted end sentence of 23 months' imprisonment; the District Judge had overstated culpability by equating the offending to r…
28 Sept 2021

DWYER v NEW ZEALAND POLICE [2021] NZHC 2563

Citation

[2021] NZHC 2563
Court

High Court

Given the sustained, calculated breaches of home detention, deception of Corrections, manipulation of the victim and premeditated conversion of a rental vehicle, a term of imprisonment was the least restrictive outcome that met the purposes in s7 and satisfied the s16(2) requirements; the High Court dismissed the appeal and upheld a four month imprisonment with specified post-release conditions and reparation.
9 Dec 2020

MURPHY v NEW ZEALAND POLICE [2020] NZHC 3261

Citation

[2020] NZHC 3261
Court

High Court

The High Court found the District Court erred by imposing an excessive starting point for the offering to supply charges, failing to discount for proven addiction and s 27 personal factors, and failing to apply the totality principle; the appropriate adjusted sentences were substituted resulting in an aggregate term of 16 months' imprisonment and the appeal was allowed in part.
28 Jul 2020

BEATTIE v POLICE [2020] NZHC 1831

Citation

[2020] NZHC 1831
Court

High Court

The High Court dismissed the appeal and upheld the 18 month imprisonment sentence because the sentencing Judge did not err: given the offender's extensive history of non-compliance with community sentences, breach of home detention during the offending, demonstrated risk of harm and failure to engage with treatment, a custodial sentence was appropriate and not manifestly excessive; the sentencing Judge was best placed to decide appropriateness of home detention or intensive supervision in the circumstances.
29 Nov 2019

SIMPSON v R [2019] NZHC 3139

Citation

[2019] NZHC 3139
Court

High Court

The District Court erred by giving decisive weight to prior minor breaches of home detention as demonstrating likely non‑compliance; that error led to an unjustified refusal of home detention. Home detention was available and appropriate and the court substituted four months' home detention for the sentences of imprisonment.
20 Apr 2018

PALU v NEW ZEALAND POLICE [2018] NZHC 758

Citation

[2018] NZHC 758
Court

High Court

The appeal is allowed because the six month imprisonment was imposed by treating the original Judge's eight month end-point as effectively pre-determined without adequate allowance for mitigating factors (guilty pleas, personal circumstances, first imprisonment, and the Clotworthy factors). The six month sentence is quashed and substituted with a four month imprisonment term, with the same post-release and special release conditions and an additional direction for assessment and drug and alcohol counselling on release.
6 Jul 2017

GEROS v NEW ZEALAND POLICE [2017] NZHC 1544

Citation

[2017] NZHC 1544
Court

High Court

The High Court found no error or wholly unpersuasive reasoning in the District Court's selection of a two years six months starting point and a six month uplift given the unprovoked knife assault, theft of the vehicle, breach of home detention and prior convictions; therefore the three year sentence is upheld.
3 Apr 2017

FARLEY v R [2017] NZCA 97

Citation

[2017] NZCA 97
Court

Court of Appeal

The Court found the information provided by Mr Farley was of high value and that the District Court therefore under‑credited his assistance; a discount of around 20% on the five year starting point (plus six month uplift) was appropriate, reducing the conspiracy sentence to four years five months; consequently the end aggregate sentence was manifestly excessive and the appeal was allowed to that extent; extension of time to appeal was granted.
6 Mar 2017

NEWTON v DEPARTMENT OF CORRECTIONS & ANOR [2017] NZHC 343

Citation

[2017] NZHC 343
Court

High Court

The District Court erred by cancelling the appellant's existing home detention and imposing five months additional imprisonment without an application under s 80F; under subpart 2A the Judge lacked jurisdiction to cancel in the absence of an application and the appropriate sentence for the active offending is 15 months' imprisonment, with the existing home detention reinstated but suspended pursuant to s 80ZGA.