New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Rehabilitation prospects

Legal area

Court

10 Oct 2022

FAU’ESE PO’OI v R [2022] NZHC 2603

Citation

[2022] NZHC 2603
Court

High Court

The High Court held the District Court judge's starting point and aggregate discounts (total 55%) were within range and properly applied given the offending, the provocation/cultural linkage, guilty plea and genuine remorse and rehabilitative prospects; the sentence of 27 months' imprisonment was not manifestly excessive and the appeal was dismissed.
10 May 2022

RIPIA v R [2022] NZHC 984

Citation

[2022] NZHC 984
Court

High Court

The appeal was allowed in part: the Court found the global starting point adopted by the sentencing Judge exceeded the appropriate range for the overall gravity of the offending; recalculation produced a lawful starting point of 6 years 3 months before mitigation, the Judge's 30% total mitigation discount was upheld, and to give practical effect the sentence on one cannabis supply charge (Charge 25) was reduced from two years to six months while all other sentences remain intact.