New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Reoffending and uplift
  • 3 Jun 2022

    KELLY v R [2022] NZHC 1298

    Citation
    [2022] NZHC 1298
    Court
    High Court

    The High Court held the six year starting point for the combined drug offending was within Zhang band two given the appellant ran his own commercially-oriented operation (147g known meth plus other supplies), the uplifts for a firearm and prior reoffending were justified, the 20% overall mitigation for addiction/upbringing and 15% guilty plea discount were within acceptable bounds, and no credit for EM bail was warranted because the appellant absconded and cut his bracelet; the final sentence of four years six months was not manifestly excessive.