New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

S 27 sentencing act cultural reports
  • 8 Mar 2023

    CHYASE POSTLETHWAITE v R [2023] NZCA 49

    Citation
    [2023] NZCA 49
    Court
    Court of Appeal

    Leave to extend time was granted and the appeal allowed because the s 27 report disclosed a causative contribution from family violence and cultural disconnection to the appellant's pathway to offending; the sentencing judge should have given further recognition of those factors and an additional nine month discount was warranted, reducing the sentence from 11 years 9 months to 11 years imprisonment.

    • S 27 sentencing act cultural reports
    • Causative contribution
    • Sentence discounting
    • Extension of time
    • Sexual violation/rape