New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Parity/disparity in sentencing

Legal area

Court

11 Aug 2017

OTTER v R [2017] NZCA 334

Citation

[2017] NZCA 334
Court

Court of Appeal

The Court held the sentence (4 years 6 months with a minimum period of 2 years 7 months) was within the permissible range: the four year starting point was appropriate given Otter's central, sustained and violent role and the six month uplift for prior convictions was justified; differences in charges and roles explained any disparity with co-offenders, so no interference was warranted.
26 May 2017

HEYDON v R [2017] NZHC 1127

Citation

[2017] NZHC 1127
Court

High Court

The High Court held the starting point of eight years for principals and a one‑year reduction to seven years for a getaway driver were within range; factual distinctions (notably Lynn's knowledge and his material assistance to police) justified the larger credit to Lynn and explain the disparity; the sentencing Judge properly quantified and applied mitigating credits (total c.52% for the appellant) and did not err; appeal dismissed.