New Zealand Case Law: Decisions & Judgments

Topic

Sentence cancellation

Legal area

Court

17 Apr 2023

R v NELSON-BELL [2023] NZHC 799

Citation

[2023] NZHC 799
Court

High Court

The court was satisfied the defendant failed to comply with home detention conditions, that continuation of home detention was not necessary to meet sentencing purposes for community safety and accountability, and accordingly cancelled home detention and substituted a term of imprisonment as permitted by s 80F, adjusting the substituted term to account for the unserved portion of the home detention sentence pursuant to s 80G(2).
9 Feb 2018

DEPARTMENT OF CORRECTIONS v WILLIAMS [2018] NZHC 92

Citation

[2018] NZHC 92
Court

High Court

The court cancelled the home detention sentence and imposed no fresh sentence because the defendant had served a substantial proportion of the original sentence (including two months' imprisonment), had shown some benefit from the rehabilitation programme, additional imprisonment would be broadly disproportionate and likely counterproductive, and time already served was broadly commensurate with the original sentence.
23 Nov 2017

GARDNER v CORRECTIONS [2017] NZHC 2895

Citation

[2017] NZHC 2895
Court

High Court

Court held that the first three days in custody after arrest counted as time served towards the home detention sentence under s 80ZA; the subsequent 43 days between the Department's cancellation application and the court's determination do not automatically count as time served but the sentencing court must credit them pursuant to s 80ZB(b); the remaining home detention period (14 August to 15 November = 92 days) is doubled to an equivalent imprisonment term (184 days = six months) and the nine month sentence is substituted with a six month imprisonment term with the two-month breach componen…
15 Mar 2016

CLARKE v DEPARTMENT OF CORRECTIONS [2016] NZHC 448

Citation

[2016] NZHC 448
Court

High Court

The appeal is declined for lack of jurisdiction; the District Court refusal to cancel the remaining home detention sentence is not appealable, and even if jurisdiction existed the statutory test in s 80F(1)(d)(ii) is not satisfied given the short remaining term, the inadequacy of proposed community detention without supervision, and the sentence having been confirmed on appeal.

New Zealand Case Law

R v NELSON-BELL [2023] NZHC 799

DEPARTMENT OF CORRECTIONS v WILLIAMS [2018] NZHC 92

GARDNER v CORRECTIONS [2017] NZHC 2895

CLARKE v DEPARTMENT OF CORRECTIONS [2016] NZHC 448