New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Theft in special relationship

  • 5 May 2020

    THOMSON v R [2020] NZHC 901

    Citation
    [2020] NZHC 901
    Court
    High Court

    The appeal was allowed and the High Court substituted a reduced reparation order of $13,000 (comprising $8,000 emotional harm and $5,000 monetary loss) payable at $50 per week commencing 12 January 2022 because the original $71,800 order was unrealistic given the offender's financial circumstances and would have required repayment over an excessive period, such that the sentencing judge could not have had a realistic measure of confidence payments could be made and the order risked undue hardship.

  • 15 Oct 2019

    MCKAY v R [2019] NZCA 493

    Citation
    [2019] NZCA 493
    Court
    Court of Appeal

    Appeal allowed on parity grounds: although appellant's culpability was only somewhat lower than co-offender Bublitz, full parity reduction applied to Bublitz was not appropriate for McKay; the Court reduced McKay's starting point by three months (from 3 years 3 months to 3 years), preserved the trial judge's 12-month delay discount and the 10% personal mitigation (applied before delay), resulting in a sentence of approximately 20 months' imprisonment converted to 10 months' home detention ending 27 January 2020 under s 80X.