Sentencing Guideline Judgments

Contents

Guilty plea discount calculation and remorse – Moses [2020] NZCA 296

Violence

Grievous bodily harm and related … R v Taueki, (30/6/2005) [2005] 3 NZLR 372, (2005) 21 CRNZ 769 … recently discussed and expanded in R v Nuku [2012] NZCA 584 [2013] 2 NZLR 39 (2012) 26 CRNZ 106

Violence against children … Authorities recently discussed in R v Ngati 15/6/07, Lang J, HC Auckland CRI-2006-092-1919; See also R v Waitohi [2014] NZCA 614.

Manslaughter …

See R v Ioata [2013] NZCA 235, R v Turi [2014] NZCA 254 and R v Tai [2010] NZCA 598.

Strangulation/Suffocation s189A

Ackland v Police [2019] NZHC 312

Aggravated robbery

R v Mako CA446/99 [2000] 2 NZLR 170; (2000) 17 CRNZ 272 (CA), and for recent applications see R v Namana [2013] NZCA 640 and R v O’Connor [2014] NZCA 328

Burglary

For starting points see R v Blissett [2013] NZHC 156, and R v Arahanga [2012] NZCA 480 [2013] 1 NZLR 189, (2012) 26 CRNZ 63 beginning at [78]:

This Court has deliberately not set a tariff for burglary because the range of circumstances in which the offence can be committed is so varied. Burglary of a domestic residence is a significant aggravating feature at sentencing due to the heightened risk of confrontation with the occupants. Dwelling house burglaries at the relatively minor end of the scale tend to attract a starting point of approximately 18 months to two years and six months imprisonment .