New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Extended supervision

  • 20 Oct 2022

    R v WHEBLE [2022] NZHC 2730

    Citation
    [2022] NZHC 2730
    Court
    High Court

    Given the defendant's escalating pattern of serious violent offending including two attempted murders, clinical and actuarial assessments that he poses a very high risk of serious violent reoffending, lack of meaningful rehabilitative engagement, and consideration of the s87(4) factors, a finite cumulative sentence would not sufficiently protect the community or incentivise treatment; preventive detention with a five-year minimum period was therefore necessary and was imposed.

  • 23 Oct 2020

    R v SMITH [2020] NZHC 2793

    Citation
    [2020] NZHC 2793
    Court
    High Court

    Preventive detention imposed because the offender was convicted of qualifying sexual offences, was over 18, and the Court was satisfied on psychiatric and historical evidence that he is likely to commit further qualifying sexual offences if released at the expiry of any finite sentence; his long, pervasive pattern of sexual offending, prior convictions (including rape and breaches of extended supervision), failure to engage successfully with treatment, and high assessed risk meant a determinate sentence would not provide adequate protection, and a minimum period of imprisonment of five years…

  • 27 Apr 2018

    R v CHETTY [2018] NZHC 827

    Citation
    [2018] NZHC 827
    Court
    High Court

    Preventive detention was not necessary; on balance the statutory criteria and specialist reports showing moderate or moderate-to-low risk, the opportunistic and late-onset nature of the offending, limited prior history and the availability of treatment supported a lengthy determinative approach. The court imposed a cumulative sentence of 3 years 10 months to run on the existing sentence with a 50% minimum period, producing a total effective sentence of 10 years when combined with the existing term, to satisfy denunciation, deterrence and protection of the community.