New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Electronically monitored (em) bail credit

Legal area

Court

12 Aug 2020

GOTTY v R [2020] NZHC 2035

Citation

[2020] NZHC 2035
Court

High Court

The appeal is dismissed: while the Judge erred by not expressly referring to almost six months custodial remand when imposing home detention, the overall sentence of eight months' home detention reflected appropriate discounts for rehabilitation, EM bail, addiction and guilty pleas; the two month EM bail credit and 20% guilty plea discount were within judicial discretion and application of Moses would not materially alter the outcome.
16 Dec 2019

McMILLAN v NEW ZEALAND POLICE [2019] NZHC 3323

Citation

[2019] NZHC 3323
Court

High Court

The High Court held the District Court's 20 month starting point for the Invercargill offending was within range given the combination of loaded, readily accessible sawn-off shotgun and drugs in a vehicle and offending on bail; the sworn affidavit did not establish limited involvement or duress to reduce culpability; the uplift for offending on bail was justified and the Judge's discounts were generous, so the end sentence of six months' home detention was not manifestly excessive and the appeal was dismissed.