New Zealand Case Law: Decisions & Judgments

Topic

Voluntary intoxication

Legal area

Court

29 Aug 2023

R v BOURNE [2023] NZHC 2367

Citation

[2023] NZHC 2367
Court

High Court

The defendant deliberately shot and killed the victim; the voluntary intoxication defence was rejected; the appropriate minimum period for the life sentence was the 10 year standard uplifted by two years to reflect the significant aggravating wounding of a second person, producing a 12 year minimum; life imprisonment imposed and a concurrent three year term for the wounding offence; fines and enforcement fees remitted.
28 Jul 2023

TAIA v R [2023] NZCA 330

Citation

[2023] NZCA 330
Court

Court of Appeal

The Court held the sentencing Judge did not err: the factual findings about gang motivation were available on the evidence; a six‑year starting point was within range given prolonged detention, repeated violence, weapons and extortion; voluntary methamphetamine use is not mitigating; the 10% s27 and 5% remorse discounts and six‑month uplift for prior violence were appropriate; the final effective sentence of five years' imprisonment was not manifestly excessive.
27 Jul 2023

R v PUATA-CHANEY [2023] NZHC 1980

Citation

[2023] NZHC 1980
Court

High Court

Adopt a 23-year starting point for MPI for the double murders given close-range, callous shootings, forced entry and firearm use; apply a 6-month uplift for offending while on bail and prior convictions; deny uplift for subsumption of prior determinate sentence; apply a 6-month discount for background factors tied to lifelong exposure to violence, a 6-month discount for remorse, and a 2-year discount for an early guilty plea, resulting in a minimum period of imprisonment of 20.5 years and life imprisonment overall.
20 Feb 2023

R v S [2023] NZHC 273

Citation

[2023] NZHC 273
Court

High Court

On the evidence of two health assessors the defendant is mentally impaired and presently unfit to stand trial, and on the balance of probabilities the Crown's factual material (Coroner, crash report, witness statements and technical evidence) establishes that the defendant caused the death by dangerous driving while over the legal alcohol limit; accordingly inquiries under s23 are directed and interim orders follow.
18 Jun 2019

PARANGI v R [2019] NZCA 229

Citation

[2019] NZCA 229
Court

Court of Appeal

The Court dismissed the appeal and held the starting point of three years and eight months was not manifestly excessive because the appellant voluntarily left the infant in a car in the sun, voluntarily consumed synthetic cannabis knowing it would incapacitate her, failed to ensure the child's safety, and that conduct justified the starting point which was consistent with comparable authorities and the sentences of co-offenders; the discounts for mitigation were properly applied.
16 Oct 2018

R v BEERENS [2018] NZHC 2669

Citation

[2018] NZHC 2669
Court

High Court

An eight-year starting point for attempted murder was appropriate given premeditation, use of a weapon and a near-fatal single stab wound; after applying a 5% reduction for personal circumstances and a 20% reduction for a timely guilty plea, the appropriate sentence is six years' imprisonment; voluntary intoxication does not mitigate culpability and a judicial minimum period was unnecessary in the circumstances.
4 Feb 2016

R v ISMAIL [2016] NZHC 79

Citation

[2016] NZHC 79
Court

High Court

Starting point for this indecent assault was fixed at 27 months imprisonment because of premeditation, invasion of the complainant's home, entry while partly undressed and the impact on the victim; deductions of four months for cooperation, good character and restrictive bail, two months for reparation offered and accepted, and three months for guilty plea produced an 18 month custodial equivalent, which was converted to nine months home detention as the least restrictive appropriate outcome; voluntary intoxication from synthetic cannabis did not mitigate under s9(3) and no separate credit wa…
30 Nov 2005

ABM V ACC HC WN CIV-2004-485-1791

Citation

openlaw-d8722cbf_f761_483f_bb6e_7762384030ee.pdf
Court

High Court

Court held Judge Beattie erred in analogising to criminal insanity and in concluding voluntary voluntary drug ingestion categorically precludes 'mental injury'; medical evidence on balance of probabilities established the appellant suffered an acute drug‑related mental injury (clinical psychotic/delusional state) at the time, so s119(2) applied; onus is not rigidly shifted but the Corporation must consider s119(2) and medical evidence and here the balance favoured the claimant; appeal allowed and decision quashed.
10 Aug 2004

ABM v Accident Compensation Corporation

Citation

[2004] NZACC 233
Court

District Court

Leave to appeal to the High Court was granted because the interpretation of s119(2) raises a question of statutory law capable of bona fide and serious argument; that legal issue requires determination by the High Court even though other arguments (eg meaning of 'wilfully' and public policy) were less persuasive at the District Court level.