New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Cultural deprivation mitigation

Legal area

Court

29 Oct 2021

R v WAITOKIA [2021] NZHC 2905

Citation

[2021] NZHC 2905
Court

High Court

Assaults on prison officers involving targeted head strikes, high violence and attempted escape warrant a high starting point; after setting a three year starting point for the lead injuring charge and a discrete six month uplift for the aggravated assault, the Court declined to apply a further uplift for prior convictions because doing so would be disproportionate given the offender was serving a maximum three-strikes sentence; applied a 25% guilty plea discount, 15% discount for proven social and cultural deprivation, and 5% for restorative engagement, producing an end sentence of one year…
23 Jun 2020

TELEFONI v NEW ZEALAND POLICE [2020] NZHC 1417

Citation

[2020] NZHC 1417
Court

High Court

The High Court found the combined starting point and certain uplifts produced an excessive global sentence; recalculated a combined starting point of five years, applied appropriate uplifts (two months for breach of release conditions; six months for prior convictions) and applied discounts of 15% for youth, 15% for cultural deprivation and 20% for guilty pleas, resulting in substitution of the original sentence of four years six months with three years two months imprisonment and refusal of home detention as unsuitable.