New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Duress/compulsion

Legal area

Court

30 Sept 2016

R v PETERS [2016] NZHC 2331

Citation

[2016] NZHC 2331
Court

High Court

The defendant was acting under duress which materially reduced his culpability for the kidnapping (limited to driving and ongoing detention) such that a reduced starting point of 3.5 years was appropriate; after applying a 20% guilty plea discount and credits for EM bail and remorse/rehabilitation the appropriate sentence is imprisonment for two years and two months, with no minimum period or home detention imposed.
10 Nov 2008

THE SOLICITOR GENERAL V VERCOE AND ANOR HC TAU CIV 2006-470-1066

Citation

openlaw-a6988436_bfda_4700_9915_0b3d23291d60.pdf
Court

High Court

Although the property was tainted by methamphetamine manufacture, the Court exercised its wide discretion under s15(2) and declined to order forfeiture because the connection between the offending and the property was limited, the respondent's role was not primary and included evidence of compulsion/pressure, much cannabis was for personal use, the property was the respondent's sole long‑standing residence with substantial equity (~$200,000), and forfeiture would be disproportionately severe and cause undue hardship in all the circumstances.