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

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • Breach of Trust

  • Remorse

  • Premeditation

  • Aggravated Damages

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Most Recent Citation
Finlinson v Police [2016] NZHC 224

Cases Citing This Decision

4

Finlinson v Police [2016] NZHC 224
R v Webb [2013] NZHC 746
Finlinson v Police [2016] NZHC 224
Cases Cited

2

Statutory Material Cited

0

Carlos v R [2010] NZCA 248
R v Mohi [2007] NZCA 139
Carlos v R [2010] NZCA 248