R v Salt

In the High Court of New Zealand, Auckland Registry, the case of R v Salt was heard and determined on 18 August 2017. Heston Salt, a member of the DMS gang, pleaded guilty to charges of kidnapping and blackmail. The legal issues included determining the appropriate starting point for sentencing and deciding on the appropriate discounts for his guilty pleas, remorse, and participation in a restorative justice conference. The court considered the gravity of the offending, the significant degree of planning and premeditation, the violence threatened and the use of a firearm, and the extent of harm suffered by the victim. After considering the aggravating and mitigating factors, the court determined an appropriate starting point of four years and six months' imprisonment. The final sentence imposed was three years and three months' imprisonment, to be served concurrently for both charges.

The key legal issues in this case were the determination of the appropriate starting point for sentencing and the appropriate discounts to be applied. The court considered various aggravating factors, such as the degree of planning and premeditation, the violence threatened, and the use of a firearm. There were no mitigating factors presented. The court also considered the personal factors of the offender, including his previous criminal history, remorse, and his guilty pleas. The court ultimately decided on a starting point of four years and six months' imprisonment, with appropriate discounts for remorse, guilty pleas, and participation in a restorative justice conference. The final sentence imposed was three years and three months' imprisonment for both charges, to be served concurrently.