New Zealand Case Law: Decisions & Judgments

Topic

Credit for em bail

Legal area

Court

27 Jul 2023

R v PAUL [2023] NZHC 1985

Citation

[2023] NZHC 1985
Court

High Court

Adopt a starting point of nine years' imprisonment for the arson limited to 2 January 2021 and uplift six months for the other charges to reach a global starting point of nine years six months; decline uplift for prior convictions; apply a total 30% mitigation (5% guilty plea, 5% remorse, 15% personal background, 5% rehabilitation prospects) reducing the global starting point to an end sentence of six years seven months, then deduct an evaluative five months' credit for time on EM bail to impose a final custodial sentence of six years two months for arson, with concurrent five year sentences…
16 Dec 2022

R v MATHERS [2022] NZHC 3473

Citation

[2022] NZHC 3473
Court

High Court

Defendant's methamphetamine offending fell in Zhang band 4 (at least 500g and other commercial quantities). The court found the defendant at the higher end of the significant role and set a methamphetamine starting point at 9 years 6 months. A 12‑month uplift was applied for firearms, producing a global starting point of 10 years 6 months. The court then applied discounts: 10% for causative background influences, 10% for rehabilitative prospects, 5% for otherwise good character, 15% for early guilty plea, and credited 10 months for time on EM bail, resulting in an end sentence of 5 years 6 mo…
29 Sept 2022

R v SINGER [2022] NZHC 2488

Citation

[2022] NZHC 2488
Court

High Court

Starting point of 18 months' imprisonment for accessory after the fact to possession for supply of methamphetamine was appropriate given seriousness and deliberate assistance; after a 10% uplift for prior convictions and discounts of 20% for guilty plea, 10% for rehabilitation and credit of nine months for EM bail, the appropriate final outcome was 12 months' community supervision rather than imprisonment or intensive supervision because statutory criteria for intensive supervision were not met and further detention was unnecessary.
10 Nov 2017

R v KARAURIA and MOEKE [2017] NZHC 2759

Citation

[2017] NZHC 2759
Court

High Court

Judge set a 20‑month starting point for ill treatment, applied a 5‑month uplift for the assault with intent to injure (notional 25 months), then allowed discounts of 2 months for reparation and 5 months for 16 months on EM bail to reach 18 months for the lead offence; assault on a child attracted 1 month cumulative producing 19 months imprisonment for Moeke; Karauria received 7 months home detention because of demonstrated remorse, suitable address and mitigation (including six weeks EM error credit) and reparation order; home detention refused for Moeke due to unsuitable address and need for…
29 Jul 2016

SINGH v POLICE [2016] NZHC 1739

Citation

[2016] NZHC 1739
Court

High Court

The High Court found the appropriate starting point for the eight residential burglaries was 3 years 6 months with a 12 month uplift for related offending (total 4 years 6 months), applied modest discounts for mental health and EM bail and a 25% guilty plea reduction, producing an end sentence effectively consistent with the District Court's three year term; the sentence was therefore not manifestly excessive and the appeal was dismissed.

New Zealand Case Law

R v PAUL [2023] NZHC 1985

R v MATHERS [2022] NZHC 3473

R v SINGER [2022] NZHC 2488

R v KARAURIA and MOEKE [2017] NZHC 2759

SINGH v POLICE [2016] NZHC 1739