New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S 27 sentencing act reports

Legal area

Court

11 Sept 2023

KARL GREENING v R [2023] NZCA 432

Citation

[2023] NZCA 432
Court

Court of Appeal

Extension of time to appeal was granted and leave to tender the s 27 report on appeal was permitted, but the s 27 report did not disclose material information that would render the sentence manifestly excessive; the District Court did not err in refusing further adjournment and the sentence was appropriate given seriousness and high risk of reoffending.
18 Sept 2018

SOLICITOR-GENERAL v HETA [2018] NZHC 2453

Citation

[2018] NZHC 2453
Court

High Court

Keil v R does not operate as a blanket bar to a 30% discount for matters contained in a s 27 report; discounts for background and hardship remain fact specific, require evidence linking deprivation or cultural factors to culpability and rehabilitation, and must be balanced against the seriousness of offending; on the facts here the combined discounts (30% for personal circumstances, 10% restorative justice, 25% guilty plea) were not an error in principle and the sentence was not manifestly inadequate.