New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

S250 criminal procedure act 2011

  • 22 Jun 2022

    SMYLIE-MULLALY v NEW ZEALAND POLICE [2022] NZHC 1474

    Citation
    [2022] NZHC 1474
    Court
    High Court

    The sentencing judge erroneously proceeded on an assumption that the second custodial sentence could be backdated to the start date of the first sentence; because there is no statutory power to back-date a custodial sentence this produced materially more custody than intended and, applying s 250 Criminal Procedure Act 2011, the appeal is allowed and the 10 month sentence quashed and replaced with a two month sentence to operate cumulatively from 4 May 2022.

  • 5 Sept 2016

    STILES v POLICE [2016] NZHC 2098

    Citation
    [2016] NZHC 2098
    Court
    High Court

    The High Court held the district court starting point of 3 years 10 months was within the Fatu Band 2 range given the broader indicia of commerciality (cash, multiple phones, scales, packaging) and could properly infer greater totality than the quantified drugs alone; a four-month uplift for prior offending was justified; no additional discrete discount for remorse, rehabilitation or personal circumstances was warranted beyond the 25% guilty plea discount; therefore no error under s250(2) requiring a different sentence was made and the appeal was dismissed.