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Recent Posts
- The Supreme Court on ‘exceptional circumstances’ in the Dog Control Act 1996 – Sharma v Auckland Council [2024] NZSC 141
- Golriz Ghahraman: Appeal (Dismissed) of Declined Discharge Without Conviction
- Capping sentencing discounts at 40 per cent – the Sentencing (Reform) Amendment Bill 2024
- No sentencing discount for remorse for mere willingness to participate in restorative justice
- Discounting Time on Electronically-Monitored Bail at Sentencing
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Category Archives: Law
The Supreme Court on ‘exceptional circumstances’ in the Dog Control Act 1996 – Sharma v Auckland Council [2024] NZSC 141
Introduction Since the 2020 Court of Appeal decision of Auckland Council v Hill [2020] NZCA 52, [2020] 3 NZLR 603, the law has been settled that convictions under section 57 of the Dog Control Act 1996 will result in mandatory destruction orders (i.e. the … Continue reading
Golriz Ghahraman: Appeal (Dismissed) of Declined Discharge Without Conviction
Former Green Party MP, Golriz Ghahraman, pleaded guilty to two charges of theft over $1,000, one of theft between $500 and $1,000 and one of theft under $500 for theft of clothing on four separate occasions to a total value … Continue reading
Capping sentencing discounts at 40 per cent – the Sentencing (Reform) Amendment Bill 2024
The Sentencing (Reform) Amendment Bill 2024, which had its first reading on 24 September 2024, proposes to: These reforms will inevitably increase the prison population and keep prisoners there for longer. The Statement estimates that the total cost after 10 … Continue reading
Posted in Law, Sentencing
Tagged capped discount, crime, criminal-law, justice, news, politics, Sentencing (Reform) Amendment Bill 2024
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No sentencing discount for remorse for mere willingness to participate in restorative justice
A discount for remorse (usually of the order of about 5-10%) can be available for Restorative Justice with the victim of the offending. However, it requires both parties to be willing to participate and it is not uncommon that a … Continue reading
Discounting Time on Electronically-Monitored Bail at Sentencing
Since electronically-monitored bail (“EM bail”) was introduced in New Zealand in 2006, varied approaches have been taken to accounting for this time at sentencing. Prior to 2006, it was not usual to make deductions for time on ‘non-EM’ bail although … Continue reading
Posted in Law, Sentencing
Tagged criminal-law, discount, electronically monitored bail, EM bail, Hohipa, Keown, Law, Macfarlane, Paora, Rangi, Shramka, Tamou, Walker-Haturini, [2008] NZCA 88, [2010] NZCA 492, [2014] NZCA 524, [2015] NZCA 485, [2021] NZCA 559, [2021] NZHC 1208, [2021] NZHC 1332, [2022] NZCA 299
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A Common Error in Sentence Calculation
The Court of Appeal set out the approach to calculating sentences in criminal matters in Moses v R [2020] NZCA 296. This decision set out a two-step methodology: The Court of Appeal then said that “the court fixes all second-step … Continue reading
The Court of Appeal upholds Telford v Auckland Council: a conviction is a pre-condition for a dog destruction order
[1] Is the conviction of a dog’s owner for an offence under s 57(2) of the Dog Control Act 1996 (the Act) a precondition for making an order for the destruction of the dog under s 57(3)? [2] That is … Continue reading
Posted in Animal Law, Discharge without conviction, Dog Control Act 1996, Law, Sentencing
Tagged 4 July 2005, Auckland Council v Hill, CRI-2022-404-212, Dog Control Act 1996, Fitzgerald J, Halliday v New Plymouth District Council, HC New Plymouth CRI-2005-443-011, Heath J, s 106 Sentencing Act, s 106(3)(c) Sentencing Act 2002, s 57(3) Dog Control Act, Solicitor-General's Reference, Telford, [2020] NZCA 52, [2023] NZHC 31, [2024] NZCA 401
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Failing to stop or remain stopped – disqualification and confiscation
The offence of failing to stop a vehicle or remain stopped is a common criminal offence that often accompanies other traffic charges. A conviction for this offence can result in a lengthy period of disqualification from holding or obtaining a … Continue reading
Posted in Land Transport Act 1998, Law, Sentencing
Tagged 114, 114(1), 114(2), 128(5), 129(3), 142AAB, 177, 177(1), 52A, 52A(1), 52A(2), 52A(6), Land Transport Act 1998, Search and Surveillance Act 2012
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Consideration of the Impact of Imprisonment on Children in Sentencing: recent New Zealand Supreme Court and Court of Appeal cases
The Supreme Court and Court of Appeal have, in recent decisions, explicitly recognised the impact of imprisonment of parents of young children; both on their children and on the prisoners’ own rehabilitative prospects. The cases discussed here are: Philip v … Continue reading
Telford v Auckland Council [2023] NZHC 31: exceptions to mandatory dog destruction orders
UPDATE: This decision has been upheld in a Solicitor-General’s Reference. I have written about that here. Introduction Since the 2020 Court of Appeal decision of Auckland Council v Hill [2020] NZCA 52, [2020] 3 NZLR 603, the law has been … Continue reading
Vernon Tava 