New Zealand Case Law: Decisions & Judgments

Topic

Reckless discharge of firearm

Legal area

Court

13 Oct 2022

R v KOVALESKI [2022] NZHC 2654

Citation

[2022] NZHC 2654
Court

High Court

Preventive detention was not imposed because reports supported a lengthy finite sentence with treatment. The lead offence (using a firearm against a law enforcement officer) attracted a nine year starting point given its unprovoked, premeditated and dangerous nature; related offences (unlawful taking and reckless discharge in police pursuit) warranted an 18 month uplift; the earlier reckless discharge at a vehicle with children warranted a four year starting point; aggravated assaults warranted six months. Aggregated starting points yielded 15 years, reduced by one year for totality to 14 yea…
27 Jan 2022

MARTIN v R [2022] NZHC 145

Citation

[2022] NZHC 145
Court

High Court

The High Court held the sentencing Judge erred by failing to properly evaluate whether home detention could meet the purposes of sentencing and by not treating home detention as the least restrictive appropriate option given the appellant's demonstrable rehabilitation, EM bail compliance and mitigating factors; the sentence was substituted with nine months' home detention and immediate release was ordered.
23 Nov 2017

R v SUTCLIFFE [2017] NZHC 2882

Citation

[2017] NZHC 2882
Court

High Court

Judge fixed a starting point of four years' imprisonment for reckless discharge causing death, added six months for concealment to reach four years six months, applied combined mitigating discounts (10%) and a 25% full guilty plea discount, resulting in an end sentence of three years and one month imprisonment; a minimum sentence was not required because the act was a one-off spontaneous recklessness, the firearm was brought to the defendant and the offender presents low risk of reoffending.

New Zealand Case Law

R v KOVALESKI [2022] NZHC 2654

MARTIN v R [2022] NZHC 145

R v SUTCLIFFE [2017] NZHC 2882