New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Starting point for offending

Legal area

Court

18 Oct 2021

BOYES v NEW ZEALAND POLICE [2021] NZHC 2818

Citation

[2021] NZHC 2818
Court

High Court

The High Court held the District Court's starting point and totality assessment were within range, the psychological report showed contributory but not causative mental health factors, a modest increase in discount to 15% for background/mental health (from 10%) was warranted but overall discounting produced a 45% reduction which did not render the sentence manifestly excessive, and therefore the appeal was dismissed.
12 Dec 2018

NATUA v R [2018] NZHC 3278

Citation

[2018] NZHC 3278
Court

High Court

The sentence was not manifestly excessive because the appellant committed multiple distinct and serious offences in a short period (supply of methamphetamine, possession of a loaded sawn-off rifle and ammunition, receipt of a stolen vehicle, and an in-court assault on police); the starting points for drug and firearms offending were supported by binding and persuasive authority, the assault aggravated the overall moral culpability requiring denunciation and deterrence, the totality principle did not render the cumulative sentence disproportionate, and parole considerations are not a proper se…