New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Minimum term

  • 6 Dec 2022

    R v FUALAU [2022] NZHC 3252

    Citation
    [2022] NZHC 3252
    Court
    High Court

    s 104 was engaged on the basis of the extreme brutality and callousness of multiple machete blows; victim vulnerability was insufficiently established to rely on s 104(1)(g). A baseline minimum of 16 years was adopted, uplifted by six months for recent violent offending and breach of parole to 16.5 years, reduced by an 18 month plea discount to 15 years. Imposing the 17 year statutory floor would be manifestly unjust because it would ignore the value of the early plea; therefore the minimum term set was 15 years.

  • 16 May 2019

    R v EPIHA [2019] NZHC 1075

    Citation
    [2019] NZHC 1075
    Court
    High Court

    The defendant committed a serious, weapon-enabled, surprise attack resulting in death and had aggravating features; however, limited premeditation, youth, traumatic background, limited prior record and guilty plea warranted reduction from the adopted starting point to a minimum term of 10 years; life imprisonment is mandatory, and the six-month sentence for threatening to kill is to be served concurrently.

  • 31 Jul 2018

    R v KINGHAZEL [2018] NZHC 1937

    Citation
    [2018] NZHC 1937
    Court
    High Court

    The appropriate sentence was reached by selecting a starting point of seven years six months given the defendant's lesser role and absence of a weapon, applying a four month uplift for prior violent convictions to reach seven years ten months, deducting five months for mitigation to reach seven years five months, and applying a full 25% guilty plea discount (22 months) resulting in a final sentence of five years seven months imprisonment; no minimum term was ordered.

  • 12 Aug 2016

    R v HEREORA [2016] NZHC 1870

    Citation
    [2016] NZHC 1870
    Court
    High Court

    The judge set a starting point of 11 years for rape with uplifts (2.5y indecent assault, 3y arson, 2.5y aggravated burglary) giving a 19‑year starting point, then allowed mitigation for prior good character (18 months), limited mitigation for mental health issues linked to cannabis (6 months) and a 15% guilty plea discount (2 years 6 months), resulting in an end effective sentence of 14 years 6 months imprisonment to be served concurrently; no minimum term was imposed and the Crown discharged two lesser charges under s147 CPA.

  • 10 Feb 2016

    R v KAUR & SINGH [2016] NZHC 125

    Citation
    [2016] NZHC 125
    Court
    High Court

    The Court concluded s 104 was engaged because the murder combined deliberate planning (multiple attempts over a two week period and following the victim to a layby) and extreme brutality (a series of forceful cuts to the throat resulting in a gaping, unsurvivable wound and multiple stab wounds); both defendants were equally culpable as joint participants; accordingly life sentences with a minimum term of 17 years before parole eligibility were imposed.

  • 5 Feb 2015

    R v GREVILLE HENARE FAHEY [2015] NZHC 78

    Citation
    [2015] NZHC 78
    Court
    High Court

    The Court imposed life imprisonment and increased the statutory 10-year minimum term to 12 years because the defendant's extensive and varied history of violent offending, propensity to react violently and readiness to use knives made him a demonstrable danger to the community, warranting a two-year uplift consistent with authorities.