New Zealand Case Law: Decisions & Judgments

Topic

Double counting of prior convictions

Legal area

Court

7 Nov 2022

MCLEAN v THE KING [2022] NZHC 2902

Citation

[2022] NZHC 2902
Court

High Court

The District Court erred only in selecting an excessive starting point for the attempt to pervert the course of justice; no impermissible double counting of prior convictions occurred; the 15% uplift for prior convictions and offending on bail was appropriate; home detention was not available because the offender was ineligible for a short‑term sentence under s15A, and the appropriate substituted sentence is two years and ten months' imprisonment.
11 Mar 2020

PARKER v NEW ZEALAND POLICE [2020] NZHC 479

Citation

[2020] NZHC 479
Court

High Court

The High Court held the two year starting point for the strangulation offence was not in error given the domestic setting, presence of young children, a pattern of escalating violence culminating in strangulation accompanied by a controlling threat and breathing difficulties after the event; the Judge did not impermissibly double count prior convictions; the sentence, after discounts for remorse and early plea, of 20 months imprisonment was upheld and the appeal was dismissed.
8 Feb 2017

PUTUA v POLICE [2017] NZHC 103

Citation

[2017] NZHC 103
Court

High Court

The Court concluded that while some uplift for prior convictions and for firearms offending was justified, a discrete additional six-month cumulative uplift for the firearms charges was difficult to justify given no firearms antecedents; caution was required to avoid double-counting prior convictions, but on balance an uplift to reflect prior recidivism was proportionate and the overall sentence was not manifestly excessive. The appeal was dismissed and the original sentence of four years six months imprisonment was upheld.

New Zealand Case Law

MCLEAN v THE KING [2022] NZHC 2902

PARKER v NEW ZEALAND POLICE [2020] NZHC 479

PUTUA v POLICE [2017] NZHC 103