New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sentence conversion

Legal area

Court

22 Nov 2022

HAMBLIN v NEW ZEALAND POLICE [2022] NZHC 3055

Citation

[2022] NZHC 3055
Court

High Court

The High Court held the sentencing judge erred in refusing to grant leave to apply later to substitute imprisonment for home detention because the judge did not give sufficient weight to evidence of genuine rehabilitation progress and did not provide adequate basis for doubting genuineness; accordingly the appeal is allowed in part and leave is granted to apply for substitution if a suitable address becomes available.
29 Oct 2018

O’ROURKE v NEW ZEALAND POLICE [2018] NZHC 2792

Citation

[2018] NZHC 2792
Court

High Court

Although the Judge did not expressly deal with remand time, a recalculation that accounts for approximately six months on restrictive EM bail and 35 days in custody yields the same end result of eight months home detention; therefore the sentence was not manifestly excessive and the appeal is dismissed.