New Zealand Case Law: Decisions & Judgments

Topic

Use of forged document

Legal area

Court

29 May 2023

SHANNA MAREE CROSBIE v NEW ZEALAND POLICE [2023] NZHC 1361

Citation

[2023] NZHC 1361
Court

High Court

The Court held the offending constituted a moderate seriousness breach of trust so the consequences of conviction were not out of all proportion and a discharge without conviction was not justified; the District Court's rehabilitative non‑custodial approach was appropriate but the original sentence (12 months supervision and 125 hours community work) was manifestly excessive and was reduced to 9 months supervision and 75 hours community work; the threshold for name suppression (extreme hardship) was not met and suppression was refused, subject to a short interim order to 6 June 2023.
14 Nov 2022

HUIRUA v R [2022] NZCA 537

Citation

[2022] NZCA 537
Court

Court of Appeal

The Court held the Judge correctly adopted a global approach that properly included the Companies Act offending and therefore losses and personal gain were relevant to culpability and the appropriate starting point; the offending period was properly assessed to run from incorporation and deceptive conduct to discovery; the starting point of 4.5 years and the discounts applied (20% guilty plea, 5% remorse, 10% good character) were within orthodox ranges and the final sentence was within range, so the appeal was dismissed.
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.
9 Mar 2017

BURGESS v NEW ZEALAND POLICE [2017] NZHC 393

Citation

[2017] NZHC 393
Court

High Court

The High Court held the overall sentence of two years and four months' imprisonment and disqualification of two years and six months was not manifestly excessive; the District Court's selection of forgery as the lead charge and its totality-based concurrent sentencing approach were permissible and within available sentencing ranges, so the appeal was dismissed.

New Zealand Case Law

SHANNA MAREE CROSBIE v NEW ZEALAND POLICE [2023] NZHC 1361

HUIRUA v R [2022] NZCA 537

ALOFA v POLICE [2018] NZHC 3156

BURGESS v NEW ZEALAND POLICE [2017] NZHC 393