New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S107 guidance

Legal area

Court

24 Jun 2021

MOALA v NEW ZEALAND POLICE [2021] NZHC 1516

Citation

[2021] NZHC 1516
Court

High Court

Given the moderately serious nature of the offending, the appellant's relevant previous convictions and that he was on notice due to a suspended deportation liability, the likely immigration consequence of deportation was not out of all proportion to the gravity of the offending; the District Court did not err in declining to discharge without conviction and the appeal is dismissed.
11 May 2020

DEWDNEY v NEW ZEALAND POLICE [2020] NZHC 954

Citation

[2020] NZHC 954
Court

High Court

Court concluded overall gravity of offending was low when personal mitigation and youth considered; direct and indirect consequences of conviction were also low and therefore not out of all proportion to gravity so statutory threshold for discharge under s106 was not met; appeal against conviction dismissed; sentence of 12 months judicially monitored intensive supervision was more restrictive than necessary and was quashed and substituted with 12 months supervision.