New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Disparity

  • 29 Nov 2021

    APIATA v NEW ZEALAND POLICE [2021] NZHC 3224

    Citation
    [2021] NZHC 3224
    Court
    High Court

    The Court held that the sentencing starting points for the gang-motivated assault and for unlawful possession of a firearm with ammunition were within the available range, but because the co-offender's sentence was grossly and unjustifiably lenient the appellant's assault starting point was reduced for public policy reasons; applying the same mitigation discount the assault sentence was varied so that the appellant receives eight months on the assault charge to be served concurrently with the disorderly conduct sentence but cumulatively on the concurrent 18 months for the firearm offences, an…

  • 31 Jul 2019

    WARU v R [2019] NZCA 347

    Citation
    [2019] NZCA 347
    Court
    Court of Appeal

    Leave to appeal was granted because the appeal had merit; while the Court accepted the starting point selected by the sentencing Judge fell within available range given aggravating features and prison context, the disparity between the appellant's starting point and his co-offenders' starting points was excessive; to remedy unjustifiable disparity without undermining the principle that prison re-offending requires a stern response, the Court reduced the sentence by 12 months and substituted a sentence of 6 years 10 months imprisonment.