Kaine Van Hemert v The King - SC 38/2022


Criminal Appeal


A The applications for an extension of time to apply for leave to appeal against the decision of the Court of Appeal (R v Van Hemert [2021] NZCA 261) [the Court of Appeal judgment] and the decision of the High Court (R v Van Hemert [2021] NZHC 2877) resentencing Mr Van Hemert [the resentencing judgment] are granted.

B Leave to appeal against the Court of Appeal judgment and the resentencing judgment is granted.

C The approved question is whether the Court of Appeal was correct to conclude that the presumption in favour of life imprisonment in s 102 of the Sentencing Act 2002 was not displaced given the circumstances of the offence and of the applicant.
3 August 2022

Date of Hearing

18 November 2022


Glazebrook, O’Regan, Ellen France, Williams and Kós JJ

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