New Zealand Case Law: Decisions & Judgments

Topic

Sentencing guidelines (nuku)

Legal area

Court

1 Nov 2019

Tamakaha v New Zealand Police [2019] NZHC 2838

Citation

[2019] NZHC 2838
Court

High Court

The High Court held the District Court start point on the lead injuring with intent charge was too high and fixed a start point of 2 years 6 months for that charge, allowed the 6 month uplift for the earlier August offending to produce a 3 year gross start point, found a combined personal mitigation discount (including rehabilitation prospects and background) of six months and appropriate modest credit for restrictive EM bail, then applied the agreed 20% guilty plea discount to produce a final sentence of two years' imprisonment; the appeal was allowed and leave granted to apply for cancellat…
28 Mar 2019

FEAU v R [2019] NZCA 72

Citation

[2019] NZCA 72
Court

Court of Appeal

The Court held the end sentence of two years and three months imprisonment was within range; the placement within band two of Nuku and the adopted starting point of two years and three months, the three month uplift for prior convictions and the three month discount for 13 months on EM bail were within the sentencing judge's discretion, and home detention would have been inappropriate; therefore the appeal against sentence is dismissed.
12 Jun 2018

WALKER v POLICE [2018] NZHC 1388

Citation

[2018] NZHC 1388
Court

High Court

The starting point of two years' imprisonment for injuring with reckless disregard was outside the available discretionary range; having assessed the aggravating features and adjusted for the lesser mens rea of recklessness, the appropriate starting point was 18 months and, after applicable adjustments and credit, the sentence was substituted with 19 months' imprisonment on that charge.

New Zealand Case Law

Tamakaha v New Zealand Police [2019] NZHC 2838

FEAU v R [2019] NZCA 72

WALKER v POLICE [2018] NZHC 1388