New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S 9(3) sentencing act 2002

Legal area

Court

12 Dec 2023

SATOA v CROWN LAW [2023] NZHC 3650

Citation

[2023] NZHC 3650
Court

High Court

The High Court concluded the district court sentence of 24 months was within the permissible range: the Judge's starting point, uplifts and discounts were supportable; there was no sufficient causal nexus between the appellant's addiction/background and the violent offending to warrant greater mitigation; the guilty plea credit and limited additional remorse credit were appropriate; therefore the sentence was not manifestly excessive and the appeal was dismissed.
18 Oct 2011

CLIFFORD v R SC 89/2011

Citation

SC 89/2011
Court

Supreme Court

The application for leave to appeal is dismissed because the proposed appeal raised no question of public or general importance and no substantial miscarriage of justice; although s 9(3) permits consideration of other operating features, the Court of Appeal was entitled to conclude the trial judge had attributed the applicant's belief to intoxication and to increase the sentence to seven years accordingly.