9 Aug 2023
The appeal is dismissed because the High Court, on rehearing, found no error in the trial judge's credibility and identification findings; the nondisclosure of a handwritten statement and notebook entries did not create a real risk of an unfair trial or affect the outcome; and delay did not produce appreciable prejudice amounting to a miscarriage of justice, therefore the conviction is upheld.
5 Apr 2023
The High Court found no miscarriage of justice in the conviction because it was open on the evidence to infer the requisite mens rea for the amended charge (taking and throwing keys would reasonably be intimidating); however, fresh affidavit evidence established that the direct and indirect consequences of conviction (significant employment barriers) were out of all proportion to the low gravity of the offending, so the refusal to discharge was a miscarriage of justice and the appellant was discharged without conviction under s106 Sentencing Act 2002.
25 Aug 2022
The High Court concluded the assault fell at the upper end of band two under Nuku given head strikes, vulnerability, weapon use, facilitation of theft and some premeditation; a 20‑month starting point for the assault was available, a combined starting point of 33 months for all offending (adjusted for totality) was appropriate, a 10% uplift applied for offending while on release, and discounts of 25% for guilty pleas, 10% for addiction and 5% for remorse produced a substituted end sentence of 23 months' imprisonment; the District Judge had overstated culpability by equating the offending to r…
16 May 2022
The Judge erred in principle by giving credit for pre-sentence remand (prohibited by s 82 Sentencing Act), by allowing an excessive combined discount for remorse, rehabilitation and cultural factors without robust causal nexus, and by crediting time on EM bail despite offending while on bail; because those errors produced a non-custodial home detention outcome that was not available, the Crown appeal was allowed and the home detention sentence was set aside and replaced with an appropriately quantified custodial sentence.
4 Mar 2021
The High Court found the words objectively amounted to a threat to injure and the intention to frighten could be inferred from the words and context (prior friction, trespass notice, lockdown); the complainant was credible; no material error or reliance on extraneous matters that affected the verdict; the sentence ($300 emotional harm reparation) was not manifestly excessive, so appeals dismissed.
25 Aug 2020
Appeal allowed because the end sentence imposed was above the available range due to cumulative uplifts applied without adequate consideration of totality (and an arithmetical error); substituted sentence of one year nine months imprisonment was ordered, no additional discount for remorse was given, and the short period on EM bail did not warrant further reduction.
22 Aug 2019
The District Court starting point for the lead dishonesty offence was excessive; a 23-month starting point is appropriate and, after specified uplifts and discounts (including guilty plea and mitigation), the appropriate end sentence is 18 months' imprisonment; appeal allowed in part and matter adjourned to permit consideration of substitution to home detention if a suitable address is verified.
17 Jun 2019
Although the sentencing Judge made arithmetical errors that reduced the sentence, the end sentence actually imposed (two years and ten months' imprisonment) was within the available and appropriate range and was not manifestly excessive; the appeal is therefore dismissed and the sentence is affirmed, and it is not appropriate in the circumstances to increase the sentence to the higher figure the Judge had intended to impose.
11 Jun 2019
The High Court found the nine-month aggregate sentence was within the available range and not manifestly excessive given the offender's lengthy record and serious aggravating features, but varied the sentence by quashing the alcohol interlock requirement and replacing it with a six-month disqualification and authorization to apply for a zero-alcohol licence thereafter, and reducing the concurrent three-month sentence for excess breath alcohol to one month concurrent; otherwise the appeal was dismissed.
5 Oct 2018
The lead offence of wounding with intent warranted a nine‑year starting point at the upper end of band two due to use of a lethal firearm, serious long‑term injury and moderate premeditation; uplift of three months for additional police charges and three months for relevant prior violent convictions; two months discount for demonstrated rehabilitation engagement; a 25% discount for an early guilty plea yields an effective custodial sentence of seven years; mental impairment did not justify a discrete mitigation because causative impact on culpability was not established; no minimum period of…