New Zealand Case Law: Decisions & Judgments

Topic

Judicial monitoring

Legal area

Court

11 Mar 2022

ROBINSON v NEW ZEALAND POLICE [2022] NZHC 442

Citation

[2022] NZHC 442
Court

High Court

The court concluded the sentencing Judge was not and could not properly be satisfied there was a significant risk of further offending related to alcohol use; the PSR did not identify a harmful alcohol pattern and the appellant's record and remorse weighed against a finding of significant risk; consequently the statutory prerequisites for imposing the drug and alcohol assessment and treatment conditions, the special post-detention treatment condition, and judicial monitoring were not met and those conditions were quashed; standard post-detention conditions were within the Judge's discretion a…
1 Jul 2021

R v SIALEIPATA [on application to cancel sentence and substitute alternative sentence] [2021] NZHC 1631

Citation

[2021] NZHC 1631
Court

High Court

The Court was satisfied under s 80F that the home detention address was no longer available and the alternative address was unsuitable for electronic monitoring and safe field supervision; having regard to sentencing purposes and statutory criteria for intensive supervision the Court cancelled the home detention and substituted 22 months intensive supervision because it better addresses rehabilitation, monitoring needs and public protection, taking into account time already served and the defendant's circumstances.
24 Jun 2021

CONNOR JAMES GOODWIN v NEW ZEALAND POLICE [2021] NZHC 1526

Citation

[2021] NZHC 1526
Court

High Court

The six month imprisonment was manifestly excessive given the available non-custodial alternatives, the appellant's demonstrable engagement with counselling and employment, and the lack of evidence that the proposed home detention address posed an unacceptable safety risk; home detention was preferable but unavailable, therefore the Court quashed the custodial sentence and substituted an 18 month intensive supervision order with rehabilitative conditions and judicial monitoring as the least restrictive effective sentence.
18 Dec 2020

KOWALEWSKA v NEW ZEALAND POLICE [2020] NZHC 3412

Citation

[2020] NZHC 3412
Court

High Court

The appeal was allowed because the District Court judge was obliged to resolve the significant dispute about what property the appellant had taken (by holding a disputed facts hearing) before treating loss as attributable to her, and because the judge failed to specify or explain the sentence on the separate threatening behaviour charge; the matter is remitted to the District Court for reconsideration.
19 Mar 2020

R v TAKAMORE [2020] NZHC 574

Citation

[2020] NZHC 574
Court

High Court

The Court dismissed the application to cancel and re-sentence because suitable arrangements could be made for the defendant to return to the original approved address, the interests of rehabilitation and society favoured continuation of a community-based sentence, and modified special conditions together with judicial monitoring were appropriate to manage risk and promote rehabilitation.
27 Jun 2019

SMITH v NZ POLICE [2019] NZHC 1486

Citation

[2019] NZHC 1486
Court

High Court

Intensive supervision was justified given the appellant's history and need for judicial monitoring to incentivise compliance, but the two year maximum was not shown to be required so the term was reduced to 18 months; the special residence condition was unlawful because it inappropriately reversed the standard balance and lacked justification, while the condition permitting probation to control the circumstances of contact with the victim was lawful and necessary to reduce reoffending risk and protect the victim despite the existence of a protection order.

New Zealand Case Law

ROBINSON v NEW ZEALAND POLICE [2022] NZHC 442

R v SIALEIPATA [on application to cancel sentence and substitute alternative sentence] [2021] NZHC 1631

CONNOR JAMES GOODWIN v NEW ZEALAND POLICE [2021] NZHC 1526

KOWALEWSKA v NEW ZEALAND POLICE [2020] NZHC 3412

R v TAKAMORE [2020] NZHC 574

SMITH v NZ POLICE [2019] NZHC 1486