New Zealand Case Law: Decisions & Judgments

Topic

Post-release conditions

Legal area

Court

8 Feb 2023

THE KING v STEVENS [2023] NZHC 144

Citation

[2023] NZHC 144
Court

High Court

Starting point of 3.5 years for aggravated robbery increased by three months to 3 years 9 months to reflect related burglary and breach; substantial mitigation (25% for mental health and background) plus 25% for guilty plea produced a total effective discount of 50% reducing the effective sentence to 22 months imprisonment for aggravated robbery; burglary (3 months) and breach (1 month) to be served concurrently; home detention unsuitable due to homelessness; post-release standard six months conditions imposed.
4 May 2022

R v OHLSON [2022] NZHC 921

Citation

[2022] NZHC 921
Court

High Court

Adopted a starting point of 3 years 6 months' imprisonment reflecting the defendant's role in initiating the victim's detention; reduced that starting point by three months from the earlier indication to account for agreed factual amendments; applied a 25% discount for personal background and rehabilitation prospects and a 15% discount for the late guilty plea (reduced because the defendant declined an earlier 20% indicated discount), then deducted two months for time on restrictive EM bail, resulting in an end sentence of 23 months' imprisonment served concurrently with leave to apply for ho…
19 Dec 2019

CAMPBELL v POLICE [2019] NZHC 3447

Citation

[2019] NZHC 3447
Court

High Court

Breaches of a protection order arising from the same incident should be treated as lead offending; the appropriate global starting point for the breach offending was 19 months with a three month uplift for recent and repeated domestic violence offending reducing by 10% for remorse and 25% for guilty plea to a substituted overall sentence of 15 months' imprisonment for the breach charges and a concurrent three months for the assault; the original 22 month sentence was manifestly excessive and is quashed.
10 Dec 2019

WHICHMAN v POLICE [2019] NZHC 3245

Citation

[2019] NZHC 3245
Court

High Court

The High Court found the six month sentence was manifestly excessive in all the circumstances; an uplift for previous convictions was not justified on the facts given the offender's rehabilitation prospects and recent history; a net reduction to three-and-a-half months' imprisonment was appropriate; post-release conditions should be varied to avoid an approval requirement to resume the same employment while retaining oversight for employment changes.
6 Nov 2019

ELLIS v R [2019] NZHC 2887

Citation

[2019] NZHC 2887
Court

High Court

The application to suspend post-release conditions was refused because the conditions served protective and rehabilitative objectives given the appellant's extensive 14-month campaign of contact, prior history of breaching protection orders, the short duration of the conditions (six months), and the imminent appeal date, and the appellant had not shown suspension was justified; standby counsel (Marty Robinson) was appointed to assist or assume conduct at the appeal.
19 Sept 2019

R v EMERY [2019] NZHC 2376

Citation

[2019] NZHC 2376
Court

High Court

Starting from 12 months imprisonment for assault with a weapon (assault to the head as the grave aggravating feature), the defendant received a one month uplift for prior violent offending (13 months), a one month reduction for significant childhood trauma and PTSD (12 months), and a 25% guilty plea discount, producing a final sentence of nine months imprisonment; the Court also imposed standard release conditions and specific post-release conditions (assessment and treatment for alcohol/drugs, abstention from alcohol/drugs, and no contact with the victim), extended to six months after senten…
18 Jun 2019

DAVIDSON v DEPARTMENT OF CORRECTIONS [2019] NZHC 1379

Citation

[2019] NZHC 1379
Court

High Court

The sentencing Judge erred by failing to consider the appellant's reasons for non-compliance, personal circumstances, rehabilitation needs and the option of home detention; the four-month imprisonment was manifestly excessive and must be quashed and replaced by two months' imprisonment with the same post-release conditions.
14 Jun 2018

R v MOEKE [2018] NZHC 1426

Citation

[2018] NZHC 1426
Court

High Court

Adopted an 18 months' starting point for rioting, applied a 2 month uplift for extensive prior convictions (total 20 months), applied a 25% guilty plea discount, resulting in a final sentence of 15 months' imprisonment; declined youth discount and declined a community-based sentence as unsuitable.
17 Apr 2018

PALU v NEW ZEALAND POLICE [2018] NZHC 697

Citation

[2018] NZHC 697
Court

High Court

The High Court concluded the six month sentence was excessive and substituted a four month custodial sentence while retaining the original post-release conditions and adding a direction that the offender, on release, attend the Nelson Probation Centre for assessment and drug and alcohol counselling.
1 Mar 2018

BOX v POLICE [2018] NZHC 286

Citation

[2018] NZHC 286
Court

High Court

The High Court held the District Court judge erred by relying on the ‘usual basis’ halving conversion to reject home detention as producing a sentence too short for rehabilitation; the judge should have exercised his discretion to tailor a home detention term to meet sentencing purposes. The initial four months' imprisonment was quashed and replaced with three months' home detention with standard post-release and the special conditions imposed by the District Court; the nine-month driving disqualification was affirmed.