New Zealand Case Law: Decisions & Judgments

Topic

Sentence indication

Legal area

Court

16 Oct 2023

PRITCHARD v R [2023] NZHC 2886

Citation

[2023] NZHC 2886
Court

High Court

The Judge's starting point for overall offending was correct but he failed to credit the appellant for approximately 13 months on restrictive EM bail; applying the two-step methodology (starting point 39 months, two-month uplift for prior convictions, 25% guilty plea discount, six-month discount for report-based factors and a six-month credit for EM bail) produced an end sentence of 19.25 months which the Court rounded to 19 months (one year seven months); home detention was declined because the seriousness, prolonged nature and escalation of sexual and animal-related offending, plus the offe…
29 Sept 2023

CORNOR v R [2023] NZHC 2752

Citation

[2023] NZHC 2752
Court

High Court

The District Court judge did not err: given the aggravating features including forced entry/home invasion, attack to the head, multiple attackers and serious injury, a starting point of 2 years 9 months was within the appropriate range under Nuku analogies for reckless wounding and a six month uplift for a clear pattern of violent offending (and offending while subject to release conditions) was justified; the final sentence of 27 months is not manifestly excessive and the appeal is dismissed.
22 Sept 2023

HIRINI SIDNEY MATE v R [2023] NZHC 2575

Citation

[2023] NZHC 2575
Court

High Court

The Judge erred by under-crediting the guilty pleas and failing to give appropriate mitigation credit for the s27 report; the guilty plea discount was adjusted to 25% and an additional 10% discount was allowed for the s27 mitigation, rendering the original sentence manifestly excessive and requiring substitution with a reduced custodial term of three years ten months' imprisonment.
11 Sept 2023

KARL GREENING v R [2023] NZCA 432

Citation

[2023] NZCA 432
Court

Court of Appeal

Extension of time to appeal was granted and leave to tender the s 27 report on appeal was permitted, but the s 27 report did not disclose material information that would render the sentence manifestly excessive; the District Court did not err in refusing further adjournment and the sentence was appropriate given seriousness and high risk of reoffending.
31 Aug 2023

R v LATIMER [2023] NZHC 2315

Citation

[2023] NZHC 2315
Court

High Court

The appeal was dismissed because the Crown failed to demonstrate that the sentence was manifestly inadequate or that the sentencing judge erred in principle; the Crown's changed position after a sentence indication did not meet the high threshold established in Donaldson and Philip v R for substituting imprisonment for a community-based rehabilitative sentence.
30 Aug 2023

R v MATANGIRAU CUFF [2023] NZHC 2394

Citation

[2023] NZHC 2394
Court

High Court

The Court established a global starting point of 11 years and 3 months' imprisonment for the representative offending (arson as lead, uplift for riotous damage and assault with a weapon), then applied discounts including a 25% guilty plea credit and a further 25% for the defendant's background, prospects of rehabilitation and remorse (with a small additional credit for compliance on EM bail), resulting in an effective sentence of five years and eight months' imprisonment to be served concurrently with lesser counts and certain ancillary charges discharged pursuant to s 147 Criminal Procedure…
4 Aug 2023

KOHU v R [2023] NZCA 343

Citation

[2023] NZCA 343
Court

Court of Appeal

The Court upheld the sentencing Judge's exercise of discretion: a 15% discount for cultural factors was appropriate given the s 27 material and binding authority; no separate remorse discount was warranted because the appellant repeatedly denied the factual basis of his guilty pleas and the restorative justice engagement proceeded on an alternative narrative, so genuine remorse for the charged offending was not established; the resulting sentence was within the proper range and not manifestly excessive, so the appeal is dismissed.
17 Jul 2023

SINGH v POLICE [2023] NZHC 1838

Citation

[2023] NZHC 1838
Court

High Court

The appeal is dismissed: counsel's advice was not shown to be erroneous or causative of an uninformed plea; appellant's English competence and his sworn affidavit demonstrate he understood and accepted the facts and consequences; failure to advise about a sentence indication alone did not create a miscarriage of justice in the circumstances; appellant's case did not meet the high threshold required to overturn a guilty plea.
12 Jul 2023

MIRA KIRIKINO v NEW ZEALAND POLICE [2023] NZHC 1821

Citation

[2023] NZHC 1821
Court

High Court

The High Court allowed the appeal, holding that time spent in custodial remand should have been reflected in the length of the home detention and that, on the available material and an evaluative assessment, one month should be allowed for time spent in custody; the three-month home detention was quashed and substituted with two months' home detention.
14 Jun 2023

SU’A v R [2023] NZHC 1485

Citation

[2023] NZHC 1485
Court

High Court

The High Court concluded the sentencing judge did consider the s 27 cultural report as causative of addiction and appropriately applied a combined discount for addiction, rehabilitation and related cultural factors; the aggregate discounts and adjustments were within established authority and the resulting two years six months' sentence was not manifestly excessive, so the appeal must be dismissed.