New Zealand Case Law: Decisions & Judgments

Topic

Starting point and discounts

Legal area

Court

17 Aug 2018

R v SMITH [2018] NZHC 2118

Citation

[2018] NZHC 2118
Court

High Court

The Court fixed a 17 year starting point for the methamphetamine supply offending (band four under R v Fatu), uplifted by six months for unlawful firearms possession to 17.5 years, then applied mitigation: 9 months for addiction and rehabilitation, 3 months for genuine remorse, 6 months for restrictive bail, and a approx 15% reduction for a late but pre-trial guilty plea, resulting in an end sentence of 13 years 6 months' imprisonment with a minimum period of imprisonment of 50% (6 years 9 months). Other sentences for Arms Act and possession were imposed concurrently and orders made for confi…
23 Nov 2017

COLLINGE v R [2017] NZHC 2891

Citation

[2017] NZHC 2891
Court

High Court

The High Court concluded that despite strong mitigation and that non‑custodial sentence would best serve the offender, the seriousness and quantity of the drug and property offending and the need for deterrence made imprisonment inevitable; the starting points and generous discounts were within authority and no error was demonstrated, so the appeal was dismissed and the sentence upheld.
17 Jun 2016

R v Feng [2016] NZHC 1333

Citation

[2016] NZHC 1333
Court

High Court

The appropriate starting point was nine years' imprisonment: one kilogram placed the offender in Fatu band four but his lower role justified the lower end; a 10% reduction was applied for conspiracy because the operation was close to execution; mitigation of 5% was allowed for remorse and good character; a 20% discount applied for an early guilty plea, producing an effective sentence of 6 years 9 months; no minimum period was imposed to avoid disparity with co-offenders.

New Zealand Case Law

R v SMITH [2018] NZHC 2118

COLLINGE v R [2017] NZHC 2891

R v Feng [2016] NZHC 1333