Police v Macdonald
Case
•
[2012] NZHC 2388
•14 September 2012
Details
AGLC
Case
Decision Date
Police v Macdonald [2012] NZHC 2388
[2012] NZHC 2388
14 September 2012
CaseChat Overview and Summary
In the case of New Zealand Police v Ewan Kerry Macdonald, the defendant was sentenced for six charges including theft, intentional damage, and arson. The court outlined the offences, which involved poaching, revenge attacks, and malicious damage to property. The legal issues focused on the appropriate starting point for the sentence and the appropriate adjustments for credit and totality. The court considered the nature and seriousness of the offences, the defendant's lack of remorse, and the impact on the victims. The reasoning led the court to set a starting point of two years, three months for the first group of offences and four years, three months for the second group of offences, before applying credit for the guilty plea and making a totality adjustment. The final sentence imposed was five years' imprisonment, with certain sentences being cumulative. This reflects both the damage caused and the reality that the defendant has no capacity to pay reparation.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Criminal Liability
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Sentencing
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Breach of Trust
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Remorse
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Premeditation
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Aggravated Damages
Actions
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Citations
Police v Macdonald [2012] NZHC 2388
Most Recent Citation
Finlinson v Police [2016] NZHC 224
Cases Citing This Decision
4
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[2016] NZHC 224
R v Webb
[2013] NZHC 746
Finlinson v Police
[2016] NZHC 224
Cases Cited
2
Statutory Material Cited
0
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