New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Residential burglary

Legal area

Court

21 Aug 2020

PEITA v NEW ZEALAND POLICE [2020] NZHC 2098

Citation

[2020] NZHC 2098
Court

High Court

The High Court held the District Court did not err: the burglaries were correctly characterised as residential with premeditation for the December offence, the starting point of 33 months (with specified uplifts) was within the available range, and an 8 month (24.24%) guilty plea discount was generous given late pleas and failures to attend court; therefore the sentence of two years and one month was not manifestly excessive and the appeal was dismissed.
23 Sept 2016

BATES v R [2016] NZCA 456

Citation

[2016] NZCA 456
Court

Court of Appeal

The Court held the 18 month imprisonment was manifestly excessive given the availability of home detention as the least restrictive appropriate outcome, the remoteness of the prior burglary, and inadequate allowance for extensive time spent on EM bail; accordingly the imprisonment was quashed and substituted with a four month home detention sentence subject to a suitable residence report and conditions.
31 May 2005

BROOKING V R SC 16/2005

Citation

SC 16/2005
Court

Supreme Court

The application for leave was dismissed because the appeal raised no question of principle and there was no appearance of miscarriage of justice, and the Court of Appeal was entitled to increase the sentence on the Solicitor‑General's appeal.