New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Riotous damage

  • 14 Sept 2023

    R v RONAKI [2023] NZHC 2576

    Citation
    [2023] NZHC 2576
    Court
    High Court

    Adopted a global starting point of nine years and six months' imprisonment for arson (with danger to life) and associated riot offences given serious aggravating features and parity with co-offenders; applied a 5% discount for a guilty plea and 15% for personal and cultural background (total 20% = 23 months off), then allowed a two year six month totality reduction because of the existing 16-year sentence, resulting in an end sentence of five years and one month for arson (other two charges concurrent at five years) to be served cumulatively on the 16-year sentence; no additional MPI imposed.

  • 14 Sept 2023

    R v TARAU [2023] NZHC 2564

    Citation
    [2023] NZHC 2564
    Court
    High Court

    Adopted a global starting point of 9 years 6 months for the lead arson charge (reflecting aggravating features and parity with co-offenders), applied a 6 month uplift to reflect involvement in riotous damage and assault (incorporated in global starting point), then applied a total 30% reduction (5% for guilty plea, 15% for personal circumstances per s27, 5% for remorse, 5% for rehabilitation) equating to a 35 month reduction, resulting in an end sentence of 6 years 7 months imprisonment, to be served concurrently; no minimum period ordered; remaining charges discharged under s147.

  • 13 Sept 2023

    R v RANAPIA [2023] NZHC 2561

    Citation
    [2023] NZHC 2561
    Court
    High Court

    Court adopted a global starting point of nine years six months imprisonment, applied a total 30% reduction for guilty plea, personal background, remorse and rehabilitation (reducing the term to six years seven months), and then allowed a nine month reduction for 15.5 months on EM bail, resulting in an end sentence of five years ten months' imprisonment for the lead arson count with concurrent five year sentences on the other charges and no minimum period imposed.

  • 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…

  • 30 Aug 2023

    R v MATANGIRAU CUFF [2023] NZHC 2394

    Citation
    [2023] NZHC 2394
    Court
    High Court

    The Court established a global starting point of 11 years and 3 months' imprisonment for the representative offending (arson as lead, uplift for riotous damage and assault with a weapon), then applied discounts including a 25% guilty plea credit and a further 25% for the defendant's background, prospects of rehabilitation and remorse (with a small additional credit for compliance on EM bail), resulting in an effective sentence of five years and eight months' imprisonment to be served concurrently with lesser counts and certain ancillary charges discharged pursuant to s 147 Criminal Procedure…

  • 27 Jul 2023

    R v PAUL [2023] NZHC 1985

    Citation
    [2023] NZHC 1985
    Court
    High Court

    Adopt a starting point of nine years' imprisonment for the arson limited to 2 January 2021 and uplift six months for the other charges to reach a global starting point of nine years six months; decline uplift for prior convictions; apply a total 30% mitigation (5% guilty plea, 5% remorse, 15% personal background, 5% rehabilitation prospects) reducing the global starting point to an end sentence of six years seven months, then deduct an evaluative five months' credit for time on EM bail to impose a final custodial sentence of six years two months for arson, with concurrent five year sentences…

  • 26 Jul 2023

    R v HURITU [2023] NZHC 1960

    Citation
    [2023] NZHC 1960
    Court
    High Court

    The Court set a starting point of nine years' imprisonment for the arson (limited to 2 January 2021) and uplifted that by six months for the other two representative charges to a global starting point of nine years and six months; applied a five percent discount for a mid-trial guilty plea and a 15 percent discount for personal circumstances (total 20%), reduced by a 3 percent uplift for prior convictions (net 17% reduction), resulting in an end sentence of seven years and ten months' imprisonment; concurrent sentences of five years on riotous damage and five years on assault with a weapon; r…

  • 25 Jul 2023

    R v LOTE-TELEA [2023] NZHC 1959

    Citation
    [2023] NZHC 1959
    Court
    High Court

    Having found the defendant an active participant in large-scale, violent prison arson and related offending, the Court set a starting point of 11 years for the arson with danger to life charges, adjusted uplift to achieve parity with co-defendants to a global starting point of 11 years 9 months, allowed a 10% personal mitigation discount (rounded to 15 months) producing an end global sentence of 10 years 6 months' imprisonment to be served concurrently on all counts, and declined to impose a minimum period of imprisonment; the sentence was driven by scale, risk to life, victim impact and role…

  • 25 Jul 2023

    R v HAERE [2023] NZHC 1957

    Citation
    [2023] NZHC 1957
    Court
    High Court

    Adopted a global starting point of 11 years 6 months (11.5 years) for arson with a one-year uplift for the two additional charges, then applied a 15% discount for guilty plea, 5% for remorse and 15% for personal circumstances offset by a 5% uplift for prior convictions (net 30% reduction equal to 3.5 years), producing an end sentence of eight years' imprisonment; no minimum period imposed for parity reasons.

  • 10 May 2023

    R v NAUA-TUILOTOLAVA [2023] NZHC 1105

    Citation
    [2023] NZHC 1105
    Court
    High Court

    Given the defendant was already serving a 24-year sentence, applying the totality principle and balancing proportionality and deterrence, the court imposed an additional six years' imprisonment (sentences concurrent with each other and cumulative on the existing term); a greater additional term would be disproportionately severe and a lower term would risk encouraging impunity for long-term inmates who riot.