New Zealand Case Law: Decisions & Judgments

Topic

Home invasion

Legal area

Court

1 Sept 2023

R v NGARONGO [2023] NZHC 2442

Citation

[2023] NZHC 2442
Court

High Court

A seven year starting point was appropriate for a daylight home invasion involving multiple offenders, detention and actual violence; relevant personal mitigation (abusive background, methamphetamine addiction and cultural factors) warranted a 20% global reduction for each, a modest guilty plea discount for Ngarongo and a nine month EM bail credit for Ngarongo, while only a limited uplift for prior convictions was applied to Ngarongo (six months) and none to Watson, producing final sentences of five years for Ngarongo and five years seven months for Watson.
29 Aug 2023

SALT v R [2023] NZCA 404

Citation

[2023] NZCA 404
Court

Court of Appeal

The Court held the appeal against sentence must be dismissed: the Judge's 11-year starting point was within range for a non-shooting participant in very serious band 3 offending, the 10% reduction for personal mitigation and 17.5% guilty plea discount (and six-month uplift for offending while subject to release conditions) were lawful and not manifestly excessive, and no additional discount for remorse was warranted.
9 Aug 2023

TASI v R [2023] NZHC 2121

Citation

[2023] NZHC 2121
Court

High Court

The Court held the District Court Judge did not err: given the cumulative aggravating features (deception to gain entry, theft, assault outside the house, breach of trust, victim vulnerability, intrusion into the victim's bedroom and restraint) a four year starting point was within range (near top of band one or lower band two); the discounts for guilty plea, partial rehabilitation and EM bail credit were appropriate and generous; the adjournment was properly refused as additional evidence would not affect the starting point; therefore the appeal was dismissed and the sentence upheld.
4 Jul 2023

WHITE v R [2023] NZHC 1706

Citation

[2023] NZHC 1706
Court

High Court

The High Court found no error in the District Court's approach: use of Nuku as guidance for starting point was permissible, the uplifts for related offending and prior convictions were justified, and the combined adjustments including a 15% guilty plea discount produced a final 28‑month sentence that was within the available range and not manifestly excessive; appeal dismissed.
4 Oct 2022

R v JOHNSON [2022] NZHC 2560

Citation

[2022] NZHC 2560
Court

High Court

Starting point fixed at 8.5 years' imprisonment for manslaughter (Band Three, lower edge) after comparing analogous cases; reduced by six months for provocation to 8 years, then discounted 25% for early and consistent guilty plea and a further 5% for remorse resulting in an end sentence of 6 years' imprisonment; unlawful possession of a firearm sentenced to 6 months to be served concurrently; order for destruction of firearm and ammunition.
2 Sept 2022

HEEMI AND ORS v R [2022] NZHC 2141

Citation

[2022] NZHC 2141
Court

High Court

The District Court starting point for the leader was adjusted to six years nine months (a three month leader uplift rather than six); an additional modest mitigation allowance (~5%) was warranted beyond the discounts applied by the sentencing Judge because remorse, first‑time status and rehabilitative steps warranted specific recognition; that adjustment reduced end sentences into the home detention eligibility range and therefore the appropriate, least restrictive outcome was to quash the sentences of imprisonment and substitute home detention with specified durations and conditions, and to…
19 Oct 2021

R v MARSH & WEALLEANS [2021] NZHC 2804

Citation

[2021] NZHC 2804
Court

High Court

Marsh (murder): although offending was premeditated, involved home invasion and was callous, the judge found powerful mitigating personal and background factors and that imposing the statutory 17-year minimum would be manifestly unjust; life imprisonment with a minimum period of 13.5 years was imposed. Wealleans (manslaughter): as active participant who armed himself and struck the victim with a hammer and locked the door, starting point 11 years reduced by 15% for s27 factors produced a sentence of 9 years 4 months; no extended minimum period imposed but parole eligibility follows statutory…
30 Jul 2021

WILLIAMS v R [2021] NZHC 1960

Citation

[2021] NZHC 1960
Court

High Court

The High Court dismissed the appeal: the sentencing Judge correctly placed the offending at the low end of Nuku band three, adopted a three years six months starting point with an uplift for the second charge, and properly applied discounts totalling 35% (20% guilty plea and 15% personal/rehabilitative) resulting in an effective sentence of two years four months; the s 27 cultural report produced on appeal did not demonstrate an error in sentencing or that the sentence was manifestly excessive.
27 Jul 2020

POI v R [2020] NZCA 312

Citation

[2020] NZCA 312
Court

Court of Appeal

The Court granted extensions and admitted the s 27 reports, held the eight-year starting point was within the appropriate Mako-guided range, concluded uplifts for historical previous convictions were unjustified, adjusted discounts for personal circumstances (20% for Wilson; 25% plus six weeks for Poi), quashed the imposed MPIs as unnecessary, and quashed and substituted the sentences to 6 years 7 months for Wilson and 5 years 10 months for Poi.
19 Mar 2020

VEA v R [2020] NZCA 68

Citation

[2020] NZCA 68
Court

Court of Appeal

The Court held the starting point of 17.5 years was appropriate but that the mitigation package, including full credit for an early guilty plea, immediate admissions and the ifoga, warranted a two-year reduction; imposing a 17-year MPI would be manifestly unjust, so the MPI was reduced to 15 years and six months.