New Zealand Case Law: Decisions & Judgments

Topic

Role assessment

Legal area

Court

3 Sept 2021

WILKINSON v R [2021] NZCA 438

Citation

[2021] NZCA 438
Court

Court of Appeal

The Court concluded the Judge erred in imposing a seven-year MPI because, although s86(2) factors (accountability, denunciation, deterrence) were engaged, the appellant's role was that of a temporary custodian with lesser culpability, his personal circumstances (age, prior good character, health and family factors) reduced the necessity for an MPI, and the MPI's practical effect (14 additional months before parole eligibility) made it disproportionate; accordingly the MPI was quashed.
6 May 2021

R v THAI [2021] NZHC 1006

Citation

[2021] NZHC 1006
Court

High Court

For an importation of 469 kg of 80% methamphetamine and a separate 26.133 kg stock, the appropriate starting points were set at 33 years for Mr Thai (trusted lieutenant with possession of separate commercial quantity) and 28 years for Mr Te‑Hira (opportunistic significant role); after applying discounts for guilty plea, remorse, rehabilitation, foreign national and cultural factors the effective sentences are 20 years 6 months for Mr Thai (concurrent terms) and 16 years 9 months for Mr Te‑Hira (concurrent terms); no minimum periods of imprisonment were imposed; orders were made for destructio…
27 May 2020

HALL, WATENE-TOI & ROBERTS v R [2020] NZCA 183

Citation

[2020] NZCA 183
Court

Court of Appeal

Applying Zhang v R, the Court held the District Court starting points required adjustment: Roberts' offending was within band four but starting point reduced to 12 years given quantity and role; after recognising uplift for firearms and appropriate discounts for EM bail, rehabilitation and guilty plea the concurrent substituted sentences for Roberts are 8 years 10 months, for Watene-Toi 9 years (starting point nine years reflecting significant role), and for Hall 8 years 6 months (starting point reduced to reflect limited but significant role). The Court distinguished EM bail and rehabilitati…
19 May 2020

MANUKA v R [2020] NZHC 1043

Citation

[2020] NZHC 1043
Court

High Court

Admitted the psychological report but found it did not establish addiction or causal nexus sufficient to mitigate; applying Zhang the Court reduced the lead starting point from 3 years 4 months to 2 years 4 months, accepted a 4 month uplift for other offending, declined further role or personal mitigation discounts, upheld reduction of guilty plea discount to 11.6% because appellant absconded, and substituted the original sentence of 3 years 3 months with 2 years 4 months imprisonment.

New Zealand Case Law

WILKINSON v R [2021] NZCA 438

R v THAI [2021] NZHC 1006

HALL, WATENE-TOI & ROBERTS v R [2020] NZCA 183

MANUKA v R [2020] NZHC 1043