New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sentencing discounts for em bail

Legal area

Court

13 May 2022

MCKEEMAN v POLICE [2022] NZHC 1033

Citation

[2022] NZHC 1033
Court

High Court

The appeal was dismissed because the sentencing Judge did not err: 39 days on EM bail was a short period and credit for such a period is discretionary so no reduction was required, and although the Judge did not expressly analyse home detention he did apply the s16 principle of least restrictive outcome and reasonably concluded that no non‑custodial option (including home detention) would adequately protect the community given the appellant's extensive history and non‑compliance; imprisonment was therefore justified.
3 Jul 2017

A (CA90/2017) v R [2017] NZCA 278

Citation

[2017] NZCA 278
Court

Court of Appeal

The Court held the Judge acted within lawful discretion in limiting cross-examination to protect a vulnerable witness under the Evidence Act; prosecutorial errors concerning EVI and related comments were erroneous but not sufficiently prejudicial to produce a miscarriage of justice; admissibility rulings were unobjectionable on relevance and prejudice grounds; the sentence and discount for time on restrictive EM bail were within the available and lawful range; appeals against conviction and sentence are dismissed and a suppression order under s200 CPA was made to protect the complainant.