New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Discount for youth

Legal area

Court

10 May 2017

HARVEY v R [2017] NZCA 171

Citation

[2017] NZCA 171
Court

Court of Appeal

The Court dismissed both appeals: the sentencing judge did not err in fixing Harvey's starting point given his admissions and active support role in a violent gang home invasion, and although some recognition of Tamihere's youth was possible, the overall sentence was not manifestly excessive because substantial discounts (including 20 months for his head injury) were applied and adequately encompassed youth-related mitigation.
15 Apr 2016

P (CA479/2015) v R [2016] NZCA 128

Citation

[2016] NZCA 128
Court

Court of Appeal

The Court held the High Court's starting point of 7.5 years was within the available range but a six-year starting point would appropriately reflect the baseline for manslaughter; however, having allowed a 40% discount for the appellant's youth and traumatic brain injury (and remorse as reflected in reports), the substituted sentence is four years and six months imprisonment; an MPI was unnecessary and inappropriate because it would impede individualized rehabilitation and community protection is better achieved via parole and youth transition planning.