New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Domestic assault

  • 14 Sept 2023

    TAWHAI v R [2023] NZCA 444

    Citation
    [2023] NZCA 444
    Court
    Court of Appeal

    Preventive detention was not justified because there was insufficient cogent evidence that less restrictive measures (a finite custodial term with properly structured post‑release supervision such as an ESO) would be inadequate; experts indicated the offender was likely to engage in treatment, his offending did not warrant a lengthy determinate term, and imposing an indeterminate sentence on the basis it might better incentivise treatment was disproportionate. The appropriate sentence is a finite term of three years' imprisonment with a two‑year MPI.

  • 20 May 2016

    STEWART v R [2016] NZCA 217

    Citation
    [2016] NZCA 217
    Court
    Court of Appeal

    The judge did not err in discharging the second juror because she properly exercised discretion having found a real risk the juror would be preoccupied and incapable of performing her duty; the majority and Papadopoulos directions given to the resulting jury of ten were appropriate and did not cause a miscarriage of justice; the five year aggregate starting point and four month guilty plea discount were within lawful sentencing range; and a MPI was justified by the seriousness of offending, high reoffending risk and need to protect the complainant and community.