New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sentencing uplifts

Legal area

Court

13 May 2021

MILLIGAN v R [2021] NZHC 1069

Citation

[2021] NZHC 1069
Court

High Court

The High Court concluded the Judge's starting point and uplifts were within the permissible range, the totality principle was applied, and the final sentence of 11 years' imprisonment was not manifestly excessive given the seriousness and discreteness of the multiple offences including GBH, multiple threats, an assault and an attempt to pervert the course of justice; therefore the appeal was dismissed.
7 Aug 2018

HUNE v R [2018] NZCA 294

Citation

[2018] NZCA 294
Court

Court of Appeal

The Court held the three-year starting point was excessive given there was no actual violence and the weapon was an imitation firearm; the six-month uplift for prior offending/proximity to release was excessive and reduced to two months; after deducting six months for personal mitigation and the late guilty plea the appropriate sentence for aggravated robbery is two years and four months' imprisonment; the two-month sentence for unlawful entry is confirmed and ordered to be served cumulatively, producing a total of 30 months' imprisonment.