New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Riot

  • 13 Sept 2023

    R v TE HAU [2023] NZHC 2553

    Citation
    [2023] NZHC 2553
    Court
    High Court

    Global starting point set at nine years and six months' imprisonment (reflecting arson with danger to life plus uplift for riotous damage and assault with a weapon), then reduced by a total of 15% (5% guilty plea, 10% personal circumstances) resulting in an end sentence of eight years' imprisonment on the arson charge. The five-year sentences for the other two charges are concurrent with each other and with the arson sentence; the arson sentence is cumulative on the sentence the defendant was already serving. No uplift for prior convictions and no reduction for totality was warranted; no mini…

  • 12 Sept 2023

    R v LARKINS [2023] NZHC 2545

    Citation
    [2023] NZHC 2545
    Court
    High Court

    Adopt a global starting point of nine years six months' imprisonment for the consolidated offending (arson lead); apply a six month uplift for riotous damage and assault with a weapon; grant a 5% discount for guilty plea and 15% for personal background, offset by a 3% adjustment for prior convictions, producing a net reduction of 17% and an end sentence of seven years ten months' imprisonment on the arson charge (other two charges five years concurrent); reject mitigation based on prison conditions and refuse a totality reduction given gravity and scale of offending.

  • 13 Jul 2023

    R v TAPARA-TAIPARI [2023] NZHC 1812

    Citation
    [2023] NZHC 1812
    Court
    High Court

    Starting point of 11 years 3 months was appropriate given the defendant's active role in the Waikeria Prison riot; after a 25% guilty‑plea discount and further reductions (total discount 5 years) the global sentence imposed is six years three months imprisonment to be served concurrently on the representative charges; no minimum term under s86 Sentencing Act 2002 was imposed because the summary of facts did not disclose sufficient material to justify it.

  • 28 Apr 2023

    R v KAMETA [2023] NZHC 965

    Citation
    [2023] NZHC 965
    Court
    High Court

    Adopted a starting point of eight years four months imprisonment, applied 25% credit for guilty pleas (two years one month) and an additional one year (12%) for personal mitigation informed by the s27 report, producing an effective concurrent sentence of five years three months; declined to impose a minimum period because defendant was not an instigator and surrendered early.

  • 4 Oct 2018

    R v TE RIINI [2018] NZHC 2593

    Citation
    [2018] NZHC 2593
    Court
    High Court

    Selected a starting point of 15 months imprisonment for rioting, applied a three month (20%) reduction for guilty plea/related mitigation to produce a 12 month sentence, declined uplift for prior convictions, and imposed six months home detention (half the nominal term) because the offending sat at the low end of seriousness and home detention was available and appropriate to facilitate rehabilitation and employment.

  • 16 Aug 2018

    R v ATA & OHLSON [2018] NZHC 2109

    Citation
    [2018] NZHC 2109
    Court
    High Court

    For rioting in the service‑lane incident an 18‑month imprisonment starting point is appropriate; where aggravating conduct exists (possession of a knife) an uplift is warranted; remorse and guilty pleas attract specified discounts; remand custody is credited and may reduce the custodial term to one suitable for conversion to home or community detention, with choice between detention regimes determined by technical feasibility and employment requirements.

  • 30 Jul 2018

    R v KINGI [2018] NZHC 1905

    Citation
    [2018] NZHC 1905
    Court
    High Court

    For defendants who participated late in a series of confrontational incidents but with knowledge of earlier serious events, a starting point of 15 months imprisonment for rioting is appropriate; restrictive EM bail conditions and an acknowledged guilty plea justified downward adjustments of three months each in Mr Kingi's case, producing a nine month sentence; prior convictions of a nuisance character did not warrant uplift.

  • 21 Jun 2018

    R v O’TOOLE [2018] NZHC 1494

    Citation
    [2018] NZHC 1494
    Court
    High Court

    Selected a 15 month starting point as a midpoint between comparable 18 month starting points and defence submissions, added a 2 month uplift for numerous prior violent convictions, then applied a 15% discount for a late guilty plea (rounded to 3 months), resulting in a final sentence of 14 months imprisonment; because approximately eight months had already been spent in custody the sentence resulted in immediate release and the court directed that standard Parole Act release conditions not apply given the defendant's assurance of relocation.