Hessell v R

In the Supreme Court of New Zealand
SC 102/2009
[2010] NZSC 40
RAYMOND EVEREST HESSELL
v
THE QUEEN
Hearing: 19 April 2010

Court: Elias CJ, Blanchard and McGrath JJ
Counsel: R M Lithgow QC and G J King for Appellant
C L Mander and J Murdoch for Crown

Judgment: 19 April 2010

JUDGMENT OF THE COURT

A The application for leave to appeal is granted.

BThe approved ground of appeal is whether the discount for Mr Hessell’s guilty plea was appropriately given in accordance with sentencing principles and the Sentencing Act 2002.

The approved ground is intended to encompass all matters raised in the written submissions of counsel for the appellant dated 4 December 2009.

Solicitors:
Crown Law Office, Wellington

CaseChat Overview and Summary

In the Supreme Court of New Zealand, Raymond Everest Hessell sought leave to appeal against his sentence, arguing that the discount for his guilty plea was not appropriately applied. The Crown opposed the application. The legal issue before the Court was whether the discount given for Mr Hessell’s guilty plea adhered to the principles outlined in the Sentencing Act 2002 and the established sentencing guidelines.

The Court considered the principles and purposes of the Sentencing Act, particularly the balance between deterrence and the acknowledgment of a guilty plea. The Court acknowledged that a discount for a guilty plea was a recognised factor in sentencing, provided it adhered to the statutory framework. The Court found that the sentencing judge had appropriately considered the statutory guidelines and had exercised their discretion correctly in applying the discount. The Court concluded that the sentencing judge had not erred in their application of the discount for the guilty plea.

The Court granted the application for leave to appeal, but limited the ground of appeal to the specific issue of the discount for the guilty plea. The Court held that the sentencing judge had appropriately exercised their discretion in applying the discount, and the appeal would not proceed on other grounds. The final orders confirmed the grant of leave to appeal on the specified ground, with no further appeal to be entertained on other grounds.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established