New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sentence uplift and discount

Legal area

Court

19 Oct 2023

TOOMALATAI v NEW ZEALAND POLICE [2023] NZHC 2935

Citation

[2023] NZHC 2935
Court

High Court

The High Court admitted the s 27 pre-sentence report because it materially expanded evidence of positive rehabilitative efforts; the District Court erred in applying a delay uplift as the decision not to proceed with a sentence indication did not materially delay disposition; a modest uplift for prior dishonesty convictions was available but offending while on bail is properly characterised as an aggravating personal factor in this case; appropriate discounts were 10% for addiction and 10% for exceptional rehabilitation plus 25% for guilty plea and remorse (total 45%), yielding a net global r…
29 Jun 2020

THOMAS v R [2020] NZCA 257

Citation

[2020] NZCA 257
Court

Court of Appeal

The Court held the 18‑month starting point was outside the acceptable range given the single post‑event text, absence of explicit threat and no related violent offending; the four‑month uplift was excessive because prior convictions did not justify that quantum and an uplift for offending while on parole should have been limited to one to two months; the excessive starting point and uplift rendered the end sentence manifestly excessive and warranted reduction to 10 months' imprisonment.