New Zealand Case Law: Decisions & Judgments

Topic

Unlawful entry

Legal area

Court

2 Jul 2020

WHITE v NEW ZEALAND POLICE [2020] NZHC 1535

Citation

[2020] NZHC 1535
Court

High Court

The District Court's sentence was manifestly excessive because the starting point and uplifts for the protection order breaches were higher than justified; the Court reduced the first breach starting point to 12 months, allowed a combined uplift of five months for the second and third breaches, retained a seven-month uplift for offending while on sentence and in custody/bail, and applied discounts of 5% for personal mitigation and 25% for guilty plea, resulting in a substituted end sentence of 26 months' imprisonment.
26 Sept 2019

NOBLE v SIMONS [2019] NZHC 2438

Citation

[2019] NZHC 2438
Court

High Court

Appeal dismissed: the District Court validly upheld the Tribunal's factual findings of harassment and lawfully apportioned the excessive combined award to comply with statutory limits under s38 and s48 via s118; s51(7) did not apply to validate the second notice, but the Tribunal correctly resolved the termination-date dispute under s85 by treating the first notice as an obvious error and holding the second notice was valid and effective.
14 Feb 2018

R v SINGH [2019] NZHC 148

Citation

[2019] NZHC 148
Court

High Court

The judge applied s102(1) and s104(1) of the Sentencing Act 2002, found the s104 circumstances established (calculated planning, unlawful entry into the victim's dwelling, and a high degree of brutality and callousness), and concluded the least restrictive sentence meeting sentencing purposes was life imprisonment with a minimum period of imprisonment of 19 years.
9 Feb 2018

R v JOLLEY & ORS [2018] NZHC 93

Citation

[2018] NZHC 93
Court

High Court

The Court treated participation in the organised criminal group as the lead offence for most defendants, adopting a 3.5 year starting point for foot-soldiers based on comparable gang cases (Te Kahu). Individual adjustments were made: uplift for McMeeking for intentional damage (+6 months), uplift for Dashwood for reckless firearm discharge (+18 months) yielding 5 years, and uplift for Jolley to reflect attempted murder and one year uplift for organised group to total 11 years. Cultural disadvantage and consenting to a nine-member jury did not justify discrete percentage discounts; limited cre…
16 Feb 2017

R v WAITOKIA [2017] NZHC 178

Citation

[2017] NZHC 178
Court

High Court

Although the murder occurred in the victim's home and in the course of a robbery with the victim particularly vulnerable, the judge concluded that the offender's youth, immaturity, serious drug dependence and psychiatric features, demonstrable potential for rehabilitation and the totality of the offender's personal circumstances meant that imposing the 17-year minimum would be manifestly unjust; accordingly the appropriate minimum period fixed was 11.5 years, with life imprisonment imposed.

New Zealand Case Law

WHITE v NEW ZEALAND POLICE [2020] NZHC 1535

NOBLE v SIMONS [2019] NZHC 2438

R v SINGH [2019] NZHC 148

R v JOLLEY & ORS [2018] NZHC 93

R v WAITOKIA [2017] NZHC 178