Bullen v R

In the New Zealand Court of Appeal, Dennis Edward Bullen and Lynne Amanda Jackson appealed their sentences for aggravated robbery and aggravated injuring. The appellants contended that the starting point for their sentences was too high and that mitigating factors such as remorse were not adequately considered. The Court had to determine whether the starting point and the discount for remorse were appropriately assessed.

The Court found that the starting point of five years and nine months was too high given the nature of the offending. Although the crime involved planning and violence, the Court considered it more akin to Tecofsky v Police, which had a starting point of three years. The Court decided that a starting point of four and a half years would be more appropriate. Regarding remorse, the Court acknowledged that Dennis Bullen's offer of $1,000 to the victim's family was a genuine expression of remorse, which should have warranted a discount. The Court allowed a discount of four months from the starting point for Bullen, resulting in a sentence of four years and two months. For Jackson, the same reduction was applied, resulting in a sentence of four years and three months.

The Court granted the extension of time for Jackson to file the notice of appeal and allowed Bullen to adduce further evidence on appeal. The appeals against sentence were allowed, and the sentences were reduced as specified.