New Zealand Case Law: Decisions & Judgments

Topic

Time served credit

Legal area

Court

8 Aug 2022

R v RODGERS [2022] NZHC 1942

Citation

[2022] NZHC 1942
Court

High Court

Adopted a 10-month starting point for accessory after the fact given limited knowledge and assistance, uplifted six months for two aggravated assaults (home invasion, victims asleep, masks) to reach a 16-month starting point; applied full 25% guilty plea discount, 5% remorse discount and a 20% discount for youth, epilepsy/head injury, addiction and rehabilitation prospects, yielding an eight-month custodial sentence; credited 528 days time served under Parole Act s91 resulting in immediate release; ordered reparation of $3,187.75 and remitted remaining fines; declined post-release conditions…
10 Jun 2020

MOELLER v R [2020] NZHC 1290

Citation

[2020] 3 NZLR 726
Court

High Court

Halving the remaining custodial period is a reasonable default when substituting home detention for a second strike short-term sentence absent features justifying a longer term; on these facts the District Court's 226-day home detention was excessive and was replaced with three and a half months' home detention.
10 May 2019

WANO v NEW ZEALAND POLICE [2019] NZHC 1016

Citation

[2019] NZHC 1016
Court

High Court

Given the availability and suitability of the proposed address, the appellant's demonstrated commitment to rehabilitation, the availability of meaningful local rehabilitation programmes and having regard to time already served, the appropriate sentence was home detention (eight months on the lead charge, two months concurrently on others), with the prior imprisonment quashed.
24 Aug 2018

TAITAPANUI v R [2018] NZCA 300

Citation

[2018] NZCA 300
Court

Court of Appeal

Leave to file out of time granted; conviction appeal dismissed because counsel's failure to advise about mandatory registration, while unfortunate, did not produce the rare exceptional circumstances or establish a miscarriage of justice given the appellant's appreciation of the charge, strength of the Crown case, other reasons for pleading guilty and lack of evidential detail tying Oranga Tamariki actions uniquely to registration; sentence appeal dismissed because imprisonment was a lawful and appropriate outcome in all the circumstances (prior record, recall, nature of offending), sentence e…
13 Mar 2018

HENRY v NEW ZEALAND POLICE [2018] NZHC 394

Citation

[2018] NZHC 394
Court

High Court

The appeal is dismissed because the sentencing Judge did not err in principle: s80K(6) requires taking time served into account but does not compel a mathematical halving; the Judge expressly considered time served and exercised the permissible evaluative discretion in imposing eight months' home detention, which was not manifestly excessive.
4 Dec 2017

TAFERE v NZ POLICE [2017] NZHC 2992

Citation

[2017] NZHC 2992
Court

High Court

The High Court held the District Court judge did not err in principle or fail to take material matters into account; the resultant six month home detention was within the available range and did not require further reduction for custody or EM bail.
13 Jul 2011

HODGSON V CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS HC AK CIV-2011-404-4052

Citation

openlaw-065b03ed_9c9b_415e_8c1a_10a1e622d677.pdf
Court

High Court

The correct statutory calculation of the applicant's release date under s86(1) Parole Act 2002 showed release on 19 July 2011, therefore the continued detention was lawful and the habeas corpus application was dismissed.

New Zealand Case Law

R v RODGERS [2022] NZHC 1942

MOELLER v R [2020] NZHC 1290

WANO v NEW ZEALAND POLICE [2019] NZHC 1016

TAITAPANUI v R [2018] NZCA 300

HENRY v NEW ZEALAND POLICE [2018] NZHC 394

TAFERE v NZ POLICE [2017] NZHC 2992

HODGSON V CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS HC AK CIV-2011-404-4052