New Zealand Case Law: Decisions & Judgments

Topic

Sentencing starting point

Legal area

Court

27 Nov 2023

BAKER v POLICE [2023] NZHC 3386

Citation

[2023] NZHC 3386
Court

High Court

Although the seven year starting point for the burglary offending may have been marginally high, the offending fell within a range between Pompey and Nguyen warranting a starting point of about six years and six months; with the uplift for firearms and the allowed discounts the net effect would reduce the sentence by only a marginal amount, and the appeal was therefore dismissed because any further reduction would amount to impermissible tinkering.
20 Oct 2023

R v REWIRI [2023] NZHC 2954

Citation

[2023] NZHC 2954
Court

High Court

The judge found the vehicle was returned to the defendant's address shortly after the shooting and that the defendant directed cleaning, stripping and disposal steps which prevented police access; adopted a 21‑month starting point (based on comparable authorities), applied a two‑month reduction for established s27 mitigation (resulting in 19 months), rejected credit for the proffered plea because it relied on a factual version the judge rejected, and then reduced the sentence for totality to a cumulative term of nine months imprisonment to be served cumulatively on the sentence imposed 2 Marc…
28 Sept 2023

CHASE v R [2023] NZHC 2617

Citation

[2023] NZHC 2617
Court

High Court

The District Court materially erred by using the appellant's lack of remorse as an aggravating factor when fixing the starting point; that error, together with failure to recognise the disproportionate effect of imprisonment on the 78‑year‑old offender, warranted reducing the sentence by six months; the original five‑year starting point was within range but the specific error required adjustment to the final term.
4 Sept 2023

AVERY v R [2023] NZCA 415

Citation

[2023] NZCA 415
Court

Court of Appeal

Appellant's role in the robbery was equivalent to co-offender McWaters so the correct starting point for the robbery was three years six months; a six-month uplift for the separate assault with a weapon made the effective starting point four years; the Judge had double counted violent conduct in setting a higher starting point; maintaining the overall 40% discount produced an end sentence of two years four months which the Court substituted for the two years eight months imposed below.
30 Aug 2023

ADAMS v NEW ZELAND POLICE [2023] NZHC 2389

Citation

[2023] NZHC 2389
Court

High Court

Although the methamphetamine supply fell within Zhang band one (very small quantity), the combination of supply to two very young and vulnerable victims (one known to be 12), concurrent supply of alcohol, and the harm caused justified a starting point of two to two and a half years with a modest uplift for cannabis; the District Court's global starting point and final sentence of 27 months were not manifestly excessive and the appeal is dismissed.
29 Aug 2023

SALT v R [2023] NZCA 404

Citation

[2023] NZCA 404
Court

Court of Appeal

The Court held the appeal against sentence must be dismissed: the Judge's 11-year starting point was within range for a non-shooting participant in very serious band 3 offending, the 10% reduction for personal mitigation and 17.5% guilty plea discount (and six-month uplift for offending while subject to release conditions) were lawful and not manifestly excessive, and no additional discount for remorse was warranted.
25 Aug 2023

CAMPBELL v R [2023] NZCA 396

Citation

[2023] NZCA 396
Court

Court of Appeal

The Court dismissed the appeal: limited references by the prosecutor to an EVI and to downloaded text messages not produced at trial, and comments about consistency and the defence 'clutching at straws', did not amount to inviting the jury to rely on evidence not before them nor did they reverse the burden of proof; the trial judge's orthodox directions and the substantial admissible evidence of consistency meant no miscarriage of justice occurred; the six‑year starting point and final sentence were within the applicable R v AM sentencing band given the repetitive, invasive nature of the offe…
2 Aug 2023

R v HANARA [2023] NZHC 2057

Citation

[2023] NZHC 2057
Court

High Court

Offending constituted a medium-to-upper band two Taueki manslaughter (concerted street attack with knife and retreating victim); appropriate starting point was fixed at 7.5 years' imprisonment; discrete mitigating discounts applied were 25% for early guilty plea, 15% for youth, 20% for neurodisability/personal circumstances and 5% for remorse yielding an end sentence of two years and 7.5 months; time served credit (5 years) produced immediate release with standard six-month release conditions and any special conditions imposed by probation officer.
21 Jun 2023

R v PILCHER [2023] NZHC 1547

Citation

[2023] NZHC 1547
Court

High Court

Offending placed at lower end of R v AM rape band four with a 16 year starting point; 10% reduction for severe adverse personal background produced an effective finite sentence of 14 years and five months with a minimum period of imprisonment of nine years; preventive detention considered but declined because a lengthy finite sentence combined with potential extended supervision and available rehabilitation opportunities could provide adequate protection, although preventive detention was a close outcome.
5 May 2023

WILLIAMS v R [2023] NZCA 156

Citation

[2023] NZCA 156
Court

Court of Appeal

Court held the starting point of nine years and two months was within Zhang band three and appropriate given 463.15 g and a significant operational role; however the sentencing discount for causative personal mitigation and for demonstrable remorse/rehabilitative potential was inadequate in comparison with co-offenders and case law, so an increased mitigation discount (total 25% for background plus separate credit for remorse/rehabilitation combined with guilty plea credit) and deduction for EM time produced an end concurrent sentence of three years and eleven months, and the original sentenc…