New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Confiscation of property

  • 28 Jul 2021

    R v AUDAIN [2021] NZHC 2367

    Citation
    R v AUDAIN [2021] NZHC 2367
    Court
    High Court

    Given the defendant's passive but participatory role in a violent taxing leading to death, the appropriate starting point is eight years' imprisonment; an uplift of four months is required for attempting to pervert the course of justice; discounts totalling 25% (15% guilty plea, ~10% remorse/rehabilitation) reduce the sentence to six years three months; the 18 month sentence for attempting to pervert the course of justice orders is to be served concurrently; the defendant's vehicle is confiscated under s128.

  • 9 Dec 2016

    R v Winders [2016] NZHC 2964

    Citation
    [2016] NZHC 2964
    Court
    High Court

    The judge found beyond reasonable doubt that the killing was premeditated and involved calculated planning (including travel to the scene, removal of plates, summoning the victim and an escape plan), such planning satisfied the statutory threshold to trigger the minimum 17-year non-parole period and there was no manifest injustice arising from the unlawful arrest to justify reducing that minimum; accordingly the defendant was sentenced to life imprisonment with a minimum period of 17 years and the vehicle used to facilitate the offence was confiscated.

  • 20 Feb 2015

    R v BOSKELL & ORS [2015] NZHC 286

    Citation
    [2015] NZHC 286
    Court
    High Court

    The Court held life imprisonment under s102 was appropriate for all convicted of murder; multiple s104(1) factors (unlawful entry/presence, murder in course of serious offence, high brutality/callousness, particular vulnerability) applied and it would not be manifestly unjust to impose the s104 minimum; accordingly life sentences with minimum periods of 18 years were imposed for Boskell, Cummings and Ryan Geary-Smart, 17 years for Jacob Geary-Smart (lesser culpability), Ms McCormack was sentenced for accessory after the fact to eight months' home detention, and the Nissan Skyline was confisca…