New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sentencing discounts for youth

Legal area

Court

12 Jul 2023

R v ORMSBY-TURNER [2023] NZHC 1817

Citation

[2023] NZHC 1817
Court

High Court

Starting from a culpability-appropriate starting point of seven and a half years (upper region of Taueki band 2) for sustained head strikes with a weapon and serious injury, the Judge applied reductions for time on restrictive EM bail, guilty plea and substantial mitigators (youth, cultural background, remorse, rehabilitation potential supported by reports and probation). The least restrictive appropriate outcome consistent with sentencing principles was home detention. Name suppression was refused because publication would not cause extreme hardship and open justice demands prevailed. The co…
10 Dec 2019

CHAAYA v POLICE [2019] NZHC 3250

Citation

[2019] NZHC 3250
Court

High Court

Appeal allowed in part: the Court concluded the District Court failed to give appropriate credit for the nearly one year the appellant was prohibited from driving on bail; that period was significant and, when balanced against rehabilitation prospects and lack of need to keep him off the road longer for public safety, warranted reducing disqualification to one year (backdated to 11 February 2019); the brief period of 24 hour curfew on re‑sentencing was of insufficient temporal significance to warrant adjustment.