New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Youth discounts

  • 17 Oct 2023

    R v NAGEL [2023] NZHC 2908

    Citation
    [2023] NZHC 2908
    Court
    High Court

    Applying Taueki factors and comparable authorities the offending warranted a starting point of four years six months' imprisonment due to a deliberate, forceful kick to the head with some premeditation, multiple attackers and adverse post‑offence conduct; after applying discounts (25% guilty plea, 20% youth/lack of convictions, 5% ADHD contribution, 5% remorse/rehabilitation; total 55%) the sentence was reduced to two years' imprisonment and the defendant was granted leave to apply for home detention.

  • 1 Aug 2023

    THOMAS v R [2023] NZHC 2027

    Citation
    [2023] NZHC 2027
    Court
    High Court

    Starting point for this aggravated robbery reduced to four years. Applied 25% discount for guilty plea, 15% discount for youth and 15% discount for cultural/background factors (causative contribution established) resulting in an end sentence of 22 months' imprisonment. Appeal allowed: original sentence substituted with 22 months imprisonment and leave granted under s80I to apply later for substitution to home detention if a suitable address is found; Firearms Prohibition Order and reparation order from District Court remain.

  • 27 Nov 2020

    R v UNASA [2020] NZHC 3139

    Citation
    [2020] NZHC 3139
    Court
    High Court

    Starting point set at four years' imprisonment by comparison with similar one‑punch manslaughter cases; a combined 25% reduction was applied for youth, rehabilitative efforts and remorse, a full 25% for an early guilty plea, and a discrete three‑month credit for seven months' compliance on restrictive EM bail, producing an effective custodial term of 21 months which was converted to 10.5 months' home detention given the offender's age, lack of prior record, rehabilitation prospects and compliance with bail.