New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Mitigating discounts

Legal area

Court

9 Oct 2023

COREY NORMAN MILNE v R [2023] NZCA 491

Citation

[2023] NZCA 491
Court

Court of Appeal

Admit the s27 report notwithstanding it was not fresh (consistent with Berkland) but conclude the report did not disclose materially additive causative information beyond what the sentencing Judge had from extensive references and material to justify a further discount for the primary factors; however, a further limited discount (four months, ~6%) was warranted to address the significant adverse impact of imprisonment on the appellant's young children and their lost opportunity to form attachments, leading to substitution of the sentence from four years one month to three years nine months' i…
16 Aug 2021

SOLICITOR-GENERAL v RAWAT [2021] NZHC 2129

Citation

[2021] NZHC 2129
Court

High Court

The High Court dismissed the Crown appeal. The Judge's starting point, while lenient and on the cusp of falling outside the appropriate range, was supportable; the discounts overall were not so excessive as to render the sentence manifestly inadequate and the sentencing Judge properly considered the statutory presumption in s128B and was entitled, narrowly, to impose 12 months' home detention with extended conditions and reparations given the offender's youth, demonstrated rehabilitation, remorse and family consequences.