New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Unlawful possession of explosives

Legal area

Court

29 Jun 2021

RAWIRI v R [2021] NZHC 1573

Citation

[2021] NZHC 1573
Court

High Court

The High Court held the judge did not err: the starting point of three years six months for multiple, readily accessible and in some cases loaded military-style firearms across separate incidents was within range; uplifts for vehicle offending and offending on bail were appropriate; one uplift for prior firearms convictions was excessive but the generous discounts (guilty plea and cultural) produced an end sentence that was not manifestly excessive; extension of time to file the appeal was granted and the appeal was dismissed.
28 Mar 2018

HOLDEM v R [2018] NZHC 634

Citation

[2018] NZHC 634
Court

High Court

Given the aggravating features (attack to the head, victim vulnerability, attack inside the victim's home and preceding threats) the District Court's 24 month starting point was within the available range and not an error of discretion; the 15% guilty plea discount was appropriate because the plea was entered late, produced limited system savings and the appellant benefited from the withdrawal of other charges; accordingly there was no basis to disturb the 27 month sentence and the appeal is dismissed.