New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Cultural reports (s 27)

Legal area

Court

18 Nov 2022

KATIPA v NEW ZEALAND POLICE [2022] NZHC 3032

Citation

[2022] NZHC 3032
Court

High Court

The appellate court found the sentencing judge erred by under‑discounting for cultural and personal factors arising from the s 27 report and by failing to allow a modest discrete discount for demonstrated remorse; the appropriate additional discounts were 20% for the s 27 factors (rather than 10%) and 5% for remorse, yielding total discounts of 60% and requiring substitution of the two‑and‑a‑half year sentence with one of 21 months and two weeks' imprisonment, together with specified six‑month post‑release special conditions.
5 Dec 2017

LEVI JAMES KEIL V R [2017] NZCA 563

Citation

[2017] NZCA 563
Court

Court of Appeal

Self-defence was not available on the facts to the appellants for the offences charged because the essential elements of the offences were complete before the alleged defensive acts and the factual narrative did not support a defence for secondary participants; any erroneous directions were harmless; the guilty verdicts were not unreasonable or unsafe on the evidence; and Mr Paul's sentence was within range and not manifestly excessive after proper consideration of cultural reports and mitigation.