New Zealand Case Law: Decisions & Judgments

Topic

Section 80i sentencing act 2002

Legal area

Court

27 Apr 2021

OLTACHES v NEW ZEALAND POLICE [2021] NZHC 908

Citation

[2021] NZHC 908
Court

High Court

The end sentence of 15 months' imprisonment was within range given the significant aggravating factors (multiple prior drink driving convictions, a very high breath alcohol reading and dangerous driving), and the District Court was entitled to decline home detention because the proposed residence did not address the offender's rehabilitative needs; further, a sentencing court cannot make leave under s80I conditional on release into a residential drug and alcohol programme, though such programmes may be looked on favourably when assessing suitability of a residence.
16 Nov 2020

BEATTY v POLICE [2020] NZHC 3026

Citation

[2020] NZHC 3026
Court

High Court

Given the fresh medical evidence, the appellant's limited criminal history, demonstrated compliance on bail, family support and the Corrections report confirming the address was suitable for electronic monitoring, the appropriate and least restrictive sentence was substitution of the remaining custodial term with home detention; accordingly the appeal is allowed and the sentence substituted.
19 Jul 2018

HUGHES v NEW ZEALAND POLICE [2018] NZHC 1807

Citation

[2018] NZHC 1807
Court

High Court

The Judge did not err in declining a further adjournment because a suitable home detention address was not available and he properly granted leave under s 80I to apply later for substitution; the starting points and uplifts for possession of offensive weapons, excess breath alcohol and reckless driving were within permissible range; the discounts applied were appropriate; the aggregate sentence of one year and ten months imprisonment was not manifestly excessive; appeal dismissed.

New Zealand Case Law

OLTACHES v NEW ZEALAND POLICE [2021] NZHC 908

BEATTY v POLICE [2020] NZHC 3026

HUGHES v NEW ZEALAND POLICE [2018] NZHC 1807