New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Mitigation for addiction and remorse

Legal area

Court

6 Dec 2022

COLE v NEW ZEALAND POLICE [2022] NZHC 3261

Citation

[2022] NZHC 3261
Court

High Court

The High Court held the 26 month starting point was within the available range given aggravating factors; a 20% guilty plea discount was appropriate because pleas were not at the first reasonable opportunity; there was insufficient independent evidence to reduce sentence for addiction or remorse; on totality the 27 month sentence was not manifestly excessive, so the appeal was dismissed.
23 Nov 2020

SINCLAIR v NEW ZEALAND POLICE [2020] NZHC 3091

Citation

[2020] NZHC 3091
Court

High Court

Given the scale and nature of the offending, the relevance and recency of significant prior dishonesty and burglary convictions, and established authorities permitting substantial but proportionate uplifts, the 12 month uplift (approximately 28%) was within range; a 10% discount for personal mitigating factors was warranted but was effectively offset by an unusually generous guilty plea discount the judge applied; overall the global sentence of three years and four months was not manifestly excessive and the appeal must be dismissed.