New Zealand Case Law: Decisions & Judgments

Topic

Remorse discount

Legal area

Court

4 Apr 2023

R v ARAMA [2023] NZHC 953

Citation

[2023] NZHC 953
Court

High Court

Court fixed a three-year (36 months) starting point for participating in an organised criminal group given the scale of the enterprise and defendant's facilitating role, applied cumulative discounts totalling 47.5% (22.5% guilty plea, 5% remorse, 5% reports, 15% EM bail) reducing the sentence to 19 months, and because the sentence was short-term converted it to ten months' home detention with six months' post-detention conditions.
6 Oct 2022

CHAPMAN v NEW ZEALAND POLICE [2022] NZHC 2585

Citation

[2022] NZHC 2585
Court

High Court

The High Court held the District Court did not err: a 20% guilty plea discount was appropriate given the strong, well-evidenced prosecution case and timing; no additional remorse discount was warranted because of the appellant's extensive recidivist dishonest offending and lack of credible remorse; totality adjustment and uplift for prior convictions were properly applied; the resulting sentence of two years and six months was not manifestly excessive and the appeal was dismissed.
29 Aug 2022

REHU v NEW ZEALAND POLICE [2022] NZHC 2159

Citation

[2022] NZHC 2159
Court

High Court

The appeal succeeds because the District Court judge incorrectly applied a two month uplift for offending while on bail when the offending did not occur on bail; removing that erroneous uplift reduces the aggregated pre-discount sentence from 16 to 14 months and, after applying the 25% guilty plea and 10% remorse discounts, produces a correct end sentence of nine months, which replaces the quashed 10.5 month sentence.
8 Aug 2022

R v RODGERS [2022] NZHC 1942

Citation

[2022] NZHC 1942
Court

High Court

Adopted a 10-month starting point for accessory after the fact given limited knowledge and assistance, uplifted six months for two aggravated assaults (home invasion, victims asleep, masks) to reach a 16-month starting point; applied full 25% guilty plea discount, 5% remorse discount and a 20% discount for youth, epilepsy/head injury, addiction and rehabilitation prospects, yielding an eight-month custodial sentence; credited 528 days time served under Parole Act s91 resulting in immediate release; ordered reparation of $3,187.75 and remitted remaining fines; declined post-release conditions…
26 Jul 2022

Cavaney v R [2022] NZHC 1807

Citation

[2022] NZHC 1807
Court

High Court

The High Court found the appellant's remorse genuine and warranted an 8% discount (in addition to a 25% guilty plea discount), upheld a three‑year starting point for the offending, concluded the presumption of imprisonment was displaced by the offender's circumstances (no prior convictions, low risk of reoffending, substantial rehabilitative engagement) and substituted the sentence to electronically monitored home detention of 11 months (crediting two months already served) with mandatory treatment and counselling conditions.
19 Jul 2022

PIHEMA v R [2022] NZHC 1730

Citation

[2022] NZHC 1730
Court

High Court

The High Court held the sentencing Judge did not err: the combination of a 10% discount for s27 cultural factors, a 25% guilty plea discount and a 5% remorse discount, offsetting a 16% uplift for aggravating factors, produced an end sentence within the permissible range given the seriousness of the offending and the appellant's significant prior record and breach while on supervision; the sentence was therefore not manifestly excessive.
20 Apr 2022

NORMAN v R [2022] NZHC 808

Citation

[2022] NZHC 808
Court

High Court

The Court found the 15% (six month) uplift for prior convictions and offending while on sentence was excessive and that a more modest uplift (no more than four months) would have been appropriate; however, there was no mathematical error, the Judge properly applied totality and was entitled to refuse a discrete remorse discount, and the overall sentence of two years and six months' imprisonment was not manifestly excessive in all the circumstances, so the appeal is dismissed.
6 Sept 2021

WINCHCOMBE v R [2021] NZCA 439

Citation

[2021] NZCA 439
Court

Court of Appeal

The Court held the sentencing judge did not err: the appellant did not demonstrate genuine remorse but minimised his conduct, the 15% guilty plea discount close to retrial was already generous, and no separate remorse discount was warranted; the overall sentence was not manifestly excessive and was confirmed.
19 Sept 2019

WADDINGTON v R [2019] NZCA 440

Citation

[2019] NZCA 440
Court

Court of Appeal

The nine-year starting point was appropriate given appellant's active participation, serious violence including use of weapons, and home invasion context; her culpability was not reduced by not personally possessing the firearm; the District Court judge did not err in declining a remorse discount because the pre-sentence report showed failure to accept responsibility; therefore the appeal against sentence was dismissed.
11 Apr 2018

R v ADRIAN NGAMOTU [2018] NZHC 893

Citation

[2018] NZHC 893
Court

High Court

Adopted a six-year starting point for manslaughter by vehicle based on comparable authorities; allowed personal mitigation of three months for long good character, four months for significant health and cognitive impairment, five months for demonstrated remorse, then applied a 25% reduction for an early guilty plea, resulting in a final sentence of three years and nine months' imprisonment; ordered driving disqualification for three years from date of release.