New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Unlawful assembly

Legal area

Court

23 Mar 2022

BERRYMAN v THE CROWN [2022] NZHC 544

Citation

[2022] NZHC 544
Court

High Court

The Judge did not err: having applied appropriate starting point, uplift and discounts, he validly exercised discretion under the Vhahva two-step test and properly refused to commute the 23‑month sentence to home detention because of premeditation, organiser role, gang involvement and the public interest; the outcome was not manifestly excessive.
10 May 2017

HARVEY v R [2017] NZCA 171

Citation

[2017] NZCA 171
Court

Court of Appeal

The Court dismissed both appeals: the sentencing judge did not err in fixing Harvey's starting point given his admissions and active support role in a violent gang home invasion, and although some recognition of Tamihere's youth was possible, the overall sentence was not manifestly excessive because substantial discounts (including 20 months for his head injury) were applied and adequately encompassed youth-related mitigation.