New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Parity of sentences

Legal area

Court

2 Sept 2016

O'CONNOR v R [2016] NZCA 414

Citation

[2016] NZCA 414
Court

Court of Appeal

The Court held the sentence was not manifestly excessive: the 18 year starting point reflected the substantial quantity and pivotal role in a sophisticated transnational importation, a one year uplift for a very serious similar prior conviction was justified, the mitigation offered did not outweigh the need for deterrence and protection, and an eight year MPI was necessary and proportionate to achieve statutory purposes.
14 Jun 2016

STONE v THE QUEEN [2016] NZHC 1289

Citation

[2016] NZHC 1289
Court

High Court

The appeal is dismissed because the 30% assistance discount applied to the co-offender was legitimately available and not excessive and the nine month uplift for the burglary and possession offences was justified by the nature and circumstances of the offending (intention to sell copper, context of construction site entry and commission while on bail); the disparity was neither unjustified nor gross.
9 Jun 2010

HOLMES V R SC 24/2010

Citation

SC 24/2010
Court

Supreme Court

Leave to appeal was dismissed because no matter of general or public importance nor any miscarriage of justice was demonstrated; the Court of Appeal's upholding of the sentence was within range and correctly weighed the applicant's intervening mitigation against his initial participation, so no further discount or differentiation from the co-offender was warranted.