New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Mitigation for injuries and background
  • 13 Oct 2023

    ALLEN v R [2023] NZHC 2871

    Citation
    [2023] NZHC 2871
    Court
    High Court

    The Court admitted the fresh medical evidence, found the District Court's discounts for injuries, background, remorse and custodial hardship were insufficient, increased the combined discount which reduced the appropriate end sentence to a range allowing community-based punishment, and substituted the two years and seven months imprisonment with nine and a half months home detention (plus concurrent 14 days home detention on the dangerous driving charge), with driving disqualifications unchanged and effect from 11:00am 16 October 2023; the decision rested on the combined impact of fresh medic…