New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Protection of the community

Legal area

Court

30 Oct 2018

TAMATI v R [2018] NZCA 463

Citation

[2018] NZCA 463
Court

Court of Appeal

MPI of five years upheld because the offending was particularly serious, involved gratuitous violence and sexual violation for the offender's gratification, parole eligibility after one-third would be insufficient to hold the offender accountable, denounce the conduct, deter others and protect the community; the offender's mitigating factors did not outweigh the s86(2) purposes and the five year MPI was the least restrictive option available.
17 Jun 2016

A (CA647/2014) v R [2016] NZCA 268

Citation

(2010) 24 CRNZ 868
Court

Court of Appeal

Extension of time to appeal was granted but the appeal against sentence was dismissed because the Judge did not make a material error in exercising discretion; the minimum period of eight years was amply justified by the gravity of the offending, breach of bail and the need to protect vulnerable family members, and potential deferral of treatment did not outweigh those sentencing objectives.
3 Mar 2016

WALLACE v NEW ZEALAND POLICE [2016] NZHC 338

Citation

[2016] NZHC 338
Court

High Court

The High Court held the District Court Judge exercised a principled and considered discretion, having balanced denunciation, deterrence, protection and the least restrictive outcome together with the offender's circumstances; there was no error in refusing home detention and the appeal was dismissed.