New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Home invasion aggravation

Legal area

Court

22 Oct 2021

R v TAMIEFUNA [2021] NZHC 2880

Citation

[2021] NZHC 2880
Court

High Court

Starting point set at six years based on comparison with analogous authorities (Stratton-Pineaha, Tereora, Mako), uplift of 12 months for extensive prior relevant convictions (adjusted starting point 7 years), then discounts totalling 30% (15% for personal background, 10% for trial cooperation, 5% for demonstrated insight/ remorse) producing an end sentence of 4 years 11 months (59 months). Pursuant to s86C(4) Sentencing Act 2002 the sentence is to be served without parole.
14 Sept 2018

R v ANGELICH [2018] NZHC 2429

Citation

[2018] NZHC 2429
Court

High Court

Court set a starting point of 3 years 6 months imprisonment for the aggravated burglary incident (12 June 2017), applied a six month uplift for the separate 6 June 2017 assaults (bringing an overall starting point to 4 years), then reduced that by 3 months for limited and unrelated prior convictions, reduced by 5 months for restorative justice participation and remediation efforts, and reduced by 8 months (20%) for a guilty plea, resulting in a final global sentence of 2 years 8 months' imprisonment; order made for destruction of the gas-powered revolver.