New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Offending while on sentence

Legal area

Court

20 Apr 2022

NORMAN v R [2022] NZHC 808

Citation

[2022] NZHC 808
Court

High Court

The Court found the 15% (six month) uplift for prior convictions and offending while on sentence was excessive and that a more modest uplift (no more than four months) would have been appropriate; however, there was no mathematical error, the Judge properly applied totality and was entitled to refuse a discrete remorse discount, and the overall sentence of two years and six months' imprisonment was not manifestly excessive in all the circumstances, so the appeal is dismissed.
20 Apr 2022

TAIRI v R [2022] NZHC 809

Citation

[2022] NZHC 809
Court

High Court

The sentencing judge's starting point and adjustments were within the permissible range: a two year starting point for the appellant (reduced to a net 20% discount producing 19.2 months, rounded to 19 months) was not manifestly excessive; a modest 5% uplift for offending while serving intensive supervision was permissible; a 5% discount for s 27 personal factors was appropriate; no mathematical error was demonstrated; the judge properly considered least restrictive options and reserved leave to apply for home detention.