New Zealand Case Law: Decisions & Judgments

Topic

Pre-sentence reports

Legal area

Court

4 Sept 2023

SWEENEY v R [2023] NZCA 417

Citation

[2023] NZCA 417
Court

Court of Appeal

Leave to adduce further evidence was granted; the Judge did not err in declining remorse credit because expressed sympathy related to the death rather than guilt for the offences; the Judge erred by failing to allow a discrete 10% discount for the appellant's status as primary caregiver to two young children given the close link between his rehabilitation and parenting responsibilities; home detention was not appropriate given the seriousness and nature of the violent offending; accordingly the Court quashed the sentence of two years two months and substituted one year eleven months imprisonm…
10 Jul 2023

Hafoka v R [2023] NZHC 1804

Citation

[2023] NZHC 1804
Court

High Court

The District Court erred by allowing only a 15% plea discount and by mischaracterising the pre-sentence report and over-emphasising the Misuse of Drugs Act presumption of imprisonment; a 20% plea reduction was appropriate and, on a principled assessment under the Sentencing Act, home detention was the least restrictive appropriate sentence so the sentence of imprisonment was quashed and substituted with eight months home detention with specified conditions.
9 Jun 2023

T (CA84/2022) v R [2023] NZCA 221

Citation

[2023] NZCA 221
Court

Court of Appeal

The Court admitted the further affidavit but concluded the District Court's overall discount (25%) was within range and the end sentence of four years six months imprisonment was not manifestly excessive; the Judge's allowance for family hardship was appropriate given the appellant was not primary caregiver, the seriousness and duration of the offending, and the appellant's limited remorse and rehabilitative prospects; appeal dismissed.
6 Oct 2022

R v TAMA MICHAEL RAWHITI [2022] NZHC 2579

Citation

[2022] NZHC 2579
Court

High Court

The application to further adjourn sentencing was declined because institutional failures causing uncertain and lengthy delay in obtaining mandatory s 88 reports did not justify extending pre-sentence custody for a defendant remanded since 2019 when preventive detention was unlikely and public safety risks could be managed by alternative measures.
24 Feb 2021

REREKURA v NEW ZEALAND POLICE [2021] NZHC 273

Citation

[2021] NZHC 273
Court

High Court

Leave to appeal out of time was granted. The District Court sentence of seven months imposed cumulatively was legally flawed and manifestly excessive because the sentencing Judge failed to identify and reason about the form of sentence (cumulative v concurrent), failed to take into account the notional single sentence consequences under the Parole Act and thus misapplied the discount for time spent on recall from parole; the cumulative approach produced a materially disproportionate outcome. The correct disposition was to set aside the cumulative seven-month sentence and substitute a concurre…
30 Sept 2019

R v R [2019] NZHC 2464

Citation

[2019] NZHC 2464
Court

High Court

The Judge did not err in imposing 18 months' imprisonment rather than home detention because the appellant demonstrated limited insight, did not accept sexual arousal as a driver of his offending, and showed remorse focused on himself rather than his victims; those factors meant home detention would not adequately achieve the purposes of sentencing.
24 Sept 2019

ERIHA v NEW ZEALAND POLICE [2019] NZHC 2416

Citation

[2019] NZHC 2416
Court

High Court

The High Court held the District Court judge did not err in principle or exercise of discretion: he considered and balanced sentencing purposes including denunciation, deterrence and rehabilitation, found the pre-sentence report provided insufficient reasoned support for home detention, and concluded 19 months' imprisonment was within the available range and the least restrictive appropriate sentence in all the circumstances; appeal dismissed.
15 Apr 2019

MCALLISTER v NEW ZEALAND POLICE [2019] NZHC 828

Citation

[2019] NZHC 828
Court

High Court

Leave to bring the appeal out of time was granted because an earlier timely attempt to file was made and the Crown did not oppose; the substantive appeal was dismissed because the imposition of the special post-detention condition requiring psychological assessment was supported by the pre-sentence report and psychologist's observations, was aimed at reducing risk of reoffending and promoting rehabilitation, and was therefore lawful and proportionate under s 93 and relevant authorities.
13 Apr 2018

F (SC 40/2017) v R [2018] NZSC 29

Citation

[2018] NZSC 29
Court

Supreme Court

Extension of time to appeal was granted but leave to appeal was refused because the new psychological report did not show that the absence of a formal clinical assessment at sentencing produced a miscarriage of justice or that risk of reoffending was central to the MPI; the Court of Appeal had considered the MPI and identified no reason to depart from the sentencing judge's reliance on denunciation and deterrence.
13 Feb 2018

MCLEAN v NEW ZEALAND POLICE [2018] NZHC 102

Citation

[2018] NZHC 102
Court

High Court

The sentencing Judge erred by focusing exclusively on denunciation and deterrence and by failing to properly consider home detention and the appellant's rehabilitative prospects under s15A and s8; appeal allowed, 12 months' imprisonment quashed and substituted with a less restrictive home detention sentence accounting for time in custody and imposing specific rehabilitative conditions.