New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Using document for pecuniary advantage

Legal area

Court

17 Dec 2019

MCKERNAN v NEW ZEALAND POLICE [2019] NZHC 3352

Citation

[2019] NZHC 3352
Court

High Court

Although the judge relied on an incorrect factual summary regarding theft versus receiving, an 18 month starting point for the receiving of the boat and trailer was within the established range; the starting point for the theft and using document offending was reduced to 12 months but, viewed cumulatively and with proper discounts and uplifts, the overall sentence of three years' imprisonment was not manifestly excessive and the appeal is dismissed.
26 Jun 2017

CALDER v POLICE [2017] NZHC 1430

Citation

[2017] NZHC 1430
Court

High Court

The District Court starting point of 30 months for using a document for pecuniary advantage was outside the applicable range given the comparative authorities and factual matrix; a reduced starting point (17 months for using documents, plus 2 months uplift for other charges to total 19 months) was appropriate, and after adjustments for prior convictions, youth/remorse and a 25% guilty plea discount the appropriate substituted sentence is 14 months' imprisonment; leave reserved to apply for home detention if a suitable address is identified.