New Zealand Case Law: Decisions & Judgments

Topic

Use of document for pecuniary advantage

Legal area

Court

28 Apr 2022

RAWLINGS v R [2022] NZHC 879

Citation

[2022] NZHC 879
Court

High Court

The District Court sentence of 29.5 months was manifestly excessive in light of fresh psychological evidence and sentencing principles: the 18 month starting point for the lead offences was within range without importing prior convictions, the uplift for prior convictions should be reduced from 20% to 10%, a 15% discount for personal mitigating factors (based on the psychological report) is appropriate, the fines-remission uplift should be two months, and the substituted global sentence is 22 months' imprisonment.
3 Dec 2018

ALOFA v POLICE [2018] NZHC 3156

Citation

[2018] NZHC 3156
Court

High Court

The appeal was dismissed because the appellant failed to prove on the balance of probabilities the alleged $8,000 repayment and the Judge did not err in declining to give further credit for personal circumstances given the appellant's 38 prior dishonesty convictions and offending while subject to post-detention conditions; the sentencing Judge acted within permissible discretion and correctly applied s24 standards of proof.
6 Sept 2016

BURRELL v NZ POLICE [2016] NZHC 2111

Citation

[2016] NZHC 2111
Court

High Court

The High Court allowed the appeal because, applying sentencing principles, a less restrictive sentence (four months community detention with a nightly curfew plus existing community work) was sufficient to achieve denunciation and deterrence given the low personal gain, voluntary cessation, lack of demonstrated actual harm, and significant collateral consequences already suffered; home detention was therefore quashed and substituted.

New Zealand Case Law

RAWLINGS v R [2022] NZHC 879

ALOFA v POLICE [2018] NZHC 3156

BURRELL v NZ POLICE [2016] NZHC 2111