New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sentence indication procedure

Legal area

Court

2 May 2023

GREGAN FARMS LIMITED v WAIKATO REGIONAL COUNCIL [2023] NZHC 1017

Citation

[2023] NZHC 1017
Court

High Court

The starting point of $45,000 was within the permissible range based on comparable decisions and facts; the sentencing Judge validly exercised discretion to allow a 20% guilty plea discount given the sentence indication process and systemic delays; no error was shown in the exercise of sentencing discretion and the appeal was dismissed.
11 May 2022

FORDE v R [2022] NZHC 904

Citation

[2022] NZHC 904
Court

High Court

The High Court allowed the appeal, holding that while the five‑year starting point for the methamphetamine offending was within range, the 15% uplift for previous convictions (approximately 12 months) was excessive; recalculation with an appropriate uplift of six months and the applied discounts (guilty plea and personal factors) supported reducing the substituted sentence to four years nine months' imprisonment and ordering destruction of the pistol and forfeiture of $32,500 to the Crown.