New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Manifestly excessive sentencing

Legal area

Court

15 Jul 2020

RIDDLE v NEW ZEALAND POLICE [2020] NZHC 1706

Citation

[2020] NZHC 1706
Court

High Court

The Court held the original cumulative starting points and uplift produced a manifestly excessive sentence; it reduced cumulative starting points, upheld a constrained uplift as justified by recent release and risk to public safety, quashed and substituted the sentences for the breach of release conditions to concurrent terms of seven and a half months and fixed the final aggregate sentence at ten months and two weeks.
17 Jul 2019

KOMENE v NZ POLICE [2019] NZHC 1651

Citation

[2019] NZHC 1651
Court

High Court

No credit was allowed for the appellant's AODT participation because the supply offending while in the programme and subsequent offending negated rehabilitative credit, but the appeal succeeds to correct an arithmetical error in calculating the final sentence which reduced the sentence from 43 months to 40 months on the methamphetamine possession for supply charge.