New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Use of a firearm against law enforcement

  • 14 Jun 2019

    R v FARIMOND POPATA-EDWARDSON [2019] NZHC 1342

    Citation
    [2019] NZHC 1342
    Court
    High Court

    The appropriate starting point is four years three months imprisonment based on the defendant's culpability comparable to a co-offender who removed a firearm but did not discharge it; a five-month discount is applied for prior attempts to resolve charges via a sentence indication, producing an effective concurrent sentence of three years ten months imprisonment.

    • Rioting
    • Participating in an organised criminal group
    • Use of a firearm against law enforcement
    • Reckless discharge of a firearm
    • Unlawful possession of a firearm
    • Sentencing starting point

  • 16 Aug 2018

    R v STUART [2018] NZHC 2105

    Citation
    [2018] NZHC 2105
    Court
    High Court

    Impose an effective sentence of four years two months imprisonment based on a five year starting point for participation in an organised criminal group, plus a six month uplift for the firearm-related charges, reduced by three months for time on EM bail and 13 months for guilty pleas; decline to order a minimum period before parole because culpability was less than co-defendant Taipeti and there were positive rehabilitation indicators.

    • Participating in an organised criminal group
    • Use of a firearm against law enforcement
    • Discharging a firearm with reckless disregard for safety
    • Guilty plea discount
    • Minimum period before parole