New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Uplift for criminal history

Legal area

Court

12 Aug 2019

CURRIE v POLICE [2019] NZHC 1946

Citation

[2019] NZHC 1946
Court

High Court

The High Court held that the sentencing Judge's starting points and adjustments were within range, the totality principle was properly applied in reducing an aggregate 36 month starting point to 30 months, the nine month uplift for extensive prior dishonesty offending was justified for deterrence and protection, and refusal to grant additional remorse credit was justified given the late, self‑focused and unconvincing apologies; therefore no error requiring substitution of sentence was shown and the appeal was dismissed.
19 Oct 2018

JOHNSON v NEW ZEALAND POLICE [2018] NZHC 2715

Citation

[2018] NZHC 2715
Court

High Court

The appeal is dismissed: the District Court judge correctly fixed a 3.5 year starting point given the evidence of commerciality (phone transactions, tick lists, organised associates), was entitled to apply uplifts for other offending and the appellant's entrenched criminal lifestyle to achieve individual deterrence and community protection, and the appellant's custodial rehabilitative conduct and personal circumstances did not justify further discount; the overall sentence of three years three months was within the available range.