New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Leave to apply for home detention

  • 6 Oct 2023

    MCNOE v R [2023] NZHC 2801

    Citation
    [2023] NZHC 2801
    Court
    High Court

    Where the statutory test in s 80I(1) is satisfied, the court must grant leave to apply for conversion to home detention under s 80I(2) and may not attach conditions to that grant that are inconsistent with the statutory scheme; the District Court's imposition of conditions requiring a residential rehabilitation address and six months imprisonment before application was ultra vires and must be quashed, while the grant of leave itself stands.

    • Home detention
    • Leave to apply for home detention
    • Ultra vires
    • Sentencing act 2002

  • 20 Oct 2021

    TUTUKI v POLICE [2021] NZHC 2808

    Citation
    [2021] NZHC 2808
    Court
    High Court

    The sentencing Judge did not err in declining to commute the sentence to home detention or in refusing leave to apply: the offender's extensive record of similar offending and breaches of orders, combined with the unsuitability of the proposed residence and occupant (firearms/drug concerns), meant imprisonment was the least restrictive and appropriate sentence; the High Court, on rehearing, would not disturb that discretionary judgment within its margin of appreciation.

    • Home detention
    • Commutation of sentence
    • Leave to apply for home detention
    • Rehearing of sentence appeal
    • Sentencing principles
    • Non-compliance with court orders

  • 20 Jun 2018

    TWOMEY v R [2018] NZCA 206

    Citation
    [2018] NZCA 206
    Court
    Court of Appeal

    The Court upheld the sentencing Judge's exercise of discretion to decline leave for home detention because the offending was sufficiently serious (intrusive, repeated, escalatory, grooming, breach of trust and harm to a vulnerable child) and the appellant's lack of remorse and insight meant home detention would not adequately mark seriousness nor meet deterrence and accountability; the Judge's reasons, read as a whole, were adequate.

    • Home detention
    • Indecent assault
    • Child sexual abuse
    • Leave to apply for home detention
    • Sentencing principles
    • Remorse and rehabilitation

  • 23 Nov 2017

    KIHI v POLICE [2017] NZHC 2883

    Citation
    [2017] NZHC 2883
    Court
    High Court

    The sentencing judge erred by failing to consider and grant statutory leave under s 80I where the only impediment to home detention was lack of a suitable residence and by not addressing s 27 material; that failure constituted appealable error which justifies allowing the appeal in part and granting leave to apply to substitute home detention if an appropriate address is found, while the head sentence of 18 months imprisonment remains in force absent successful substitution.

    • Breach of protection order
    • Assault
    • Home detention
    • Guilty plea discount
    • Leave to apply for home detention
    • S 80i sentencing act 2002

  • 22 Nov 2017

    ALI v POLICE [2017] NZHC 2869

    Citation
    [2017] NZHC 2869
    Court
    High Court

    The starting point of 15 months for receiving a stolen car valued at $8,800 was within the available range based on comparable authorities; the total uplift for multiple offences and extensive drug offending was justified; leave to apply for home detention and imposition of home detention were properly refused because of the appellant's significant and recent breaches, poor compliance, lack of a suitable address, unwillingness to undertake residential rehab and the need for deterrence, therefore the 18 month sentence was confirmed.

    • Receiving stolen property
    • Manifestly excessive sentence
    • Starting point for imprisonment
    • Leave to apply for home detention
    • Breach of release conditions

  • 16 Nov 2017

    DICKSON v NEW ZEALAND POLICE [2017] NZHC 2815

    Citation
    [2017] NZHC 2815
    Court
    High Court

    Because leave to apply for home detention had been raised before the sentencing Judge but was not addressed in the sentencing notes, the Judge erred; the Judge was required to consider and expressly determine leave to apply for home detention as part of the s16(2) assessment. The appeal was allowed in part by granting leave to apply for home detention conditional on the availability of full-time supervised residential care suitable to address the appellant's drug addiction and compliance risk; the custodial sentence otherwise stands.

    • Home detention
    • Imprisonment
    • Leave to apply for home detention
    • Sentencing discretion
    • Rehabilitation
    • Non-compliance