New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Jury interference

  • 1 Mar 2019

    R v L [2019] NZHC 308

    Citation
    [2019] NZHC 308
    Court
    High Court

    Defendant committed contempt by speaking to jurors and attempting to influence them, but credible psychiatric evidence and factual circumstances established she was suffering an acute psychotic episode that substantially impaired understanding and judgement; given the limited criminality when viewed with that impairment, the distress already suffered in custody, ongoing bail conditions, severe financial hardship and family vulnerability, the court exercised discretion to record contempt but discharge the defendant without further penalty and to grant tailored name suppression limited to allow…

  • 11 Oct 2018

    R v VEATUPU [2018] NZHC 2640

    Citation
    [2018] NZHC 2640
    Court
    High Court

    Starting from a two year four month imprisonment starting point for the offence, the judge applied reductions for the defendant's adverse background and rehabilitation prospects (10%), remorse (5%) and a guilty plea (20%), yielding a nominal 19 month sentence which fell within the home detention range; because the defendant posed no community risk, had strong rehabilitative prospects and a suitable address, the court imposed nine months' home detention as the least restrictive sentence consistent with denunciation and deterrence.