New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Co-offender sentencing

Legal area

Court

26 Nov 2019

R v ROCKY WHITE [2019] NZHC 3101

Citation

[2019] NZHC 3101
Court

High Court

Given the defendant's substantial planning contribution and lookout role his culpability was assessed as greater than a mere lookout but less than the principals; a starting point of 5 years 6 months was set then reduced by 20% for a late guilty plea yielding a sentence of 4 years 5 months' imprisonment; reparation of NZD 200 ordered and Crown granted leave to withdraw five kidnapping charges.
14 Feb 2019

SOPER v POLICE [2019] NZHC 149

Citation

[2019] NZHC 149
Court

High Court

The appeal was dismissed because the disparity in sentences did not render the appellant's sentence manifestly excessive; objective differences (the appellant's initiating role, greater culpability and significant prior convictions versus the co-offender's youth, lesser role and lack of adult record) provided a rational explanation for the heavier fine, so intervention was not justified.