New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Uplifts
  • 28 Apr 2022

    MARTIN v NEW ZEALAND POLICE [2022] NZHC 856

    Citation
    [2022] NZHC 856
    Court
    High Court

    The appeal was allowed because the original sentence was manifestly excessive: the District Court erred in fixing an excessive starting point for the theft offending (reduced from 8 to 5 months), applied excessive uplifts for driving (reduced from 6 to 4 months) and failed to sufficiently account for youth (a 10% discount was applied). After adjusting uplifts (possession 1 month, breach of community work 1 month, resentencing uplift 5 months, offending-on-bail uplift 3 months), applying a 25% guilty plea discount and a 10% youth discount the court substituted a global sentence of 12 months' i…