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Court of Appeal Judgments of Public Interest

This page provides access to judgments of the Court of Appeal in the last 90 days deemed to be of particular public interest.

More information about finding court judgments is available on the judgments section of this website.

It is the responsibility of users of the information contained in these decisions to ensure compliance with conditions or other legal obligations governing access, release, storage and re-publication. See also the guide on statutory provisions that prohibit publication of certain information in certain circumstances. If in doubt you should consult the court that issued the decision(s).  Judicial Decisions are presented in PDF format to preserve the integrity of the documents.

CaseSummary
Manchester Securities Limited v Body Corporate 172108
13 June 2018
[2018] NZCA 190
Solicitor General v Hutchison
12 June 2018
[2018] NZCA 162

Appeal against sentence allowed
Criminal — Sentence — Whether sentence of six years and nine months manifestly inadequate.
Held: yes.  The starting point reached by the judge of 10 years’ imprisonment was inadequate.  The offending involved a frenzied attack on an already vulnerable partner, the infliction of serious and lasting injuries, and the use of an improvised weapon.  Family home a place where occupant is entitled to feel, and be safe.  Violence inflicted in that context almost inevitably an aggravating consideration.  On a proper assessment of the offending a starting point of 11 years and 6 months (which includes a 2 and a half year uplift for two other offences).  Additionally, a full 25 per cent discount for guilty plea was not justified: the plea was made near the trial date.  Only a 15 per cent reduction should be made.  An end sentence of nine years and six months on the lead charge is appropriate.

Lau v R
16 May 2018
[2018] NZCA 151