R v Scanlon
Case
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[2018] NZHC 3376
•18 December 2018
Details
AGLC
Case
Decision Date
R v Scanlon [2018] NZHC 3376
[2018] NZHC 3376
18 December 2018
CaseChat Overview and Summary
The High Court of New Zealand in Hamilton heard the case of R v Scanlon, where Irene Margaret Scanlon was charged with wilfully attempting to obstruct the course of justice. The Crown sought a starting point of 18 months' imprisonment, while the defence argued for a starting point of 15 to 18 months. The court determined that the appropriate starting point for Scanlon's offending was 15 months' imprisonment. The court also considered the defendant's personal circumstances, including her lengthy criminal history, which led to a three-month uplift. Scanlon's expressions of remorse were not deemed sufficient for a separate discount, and the court granted a discount of four months for the time spent on electronic monitoring (EM) bail.
Ultimately, the court sentenced Scanlon to one year and two months' imprisonment, which was commuted to seven months' home detention, considering the principles of denunciation, deterrence, and rehabilitation. The sentence includes special conditions such as abstaining from illicit drugs, not associating with Mr Heke, attending assessments and treatment programs, and adhering to the rules of a maintenance group.
The final orders of the court included the sentence of seven months' home detention with specific conditions, as well as post-detention conditions, such as abstaining from illicit drugs and attending any directed counselling or treatment programs.
Ultimately, the court sentenced Scanlon to one year and two months' imprisonment, which was commuted to seven months' home detention, considering the principles of denunciation, deterrence, and rehabilitation. The sentence includes special conditions such as abstaining from illicit drugs, not associating with Mr Heke, attending assessments and treatment programs, and adhering to the rules of a maintenance group.
The final orders of the court included the sentence of seven months' home detention with specific conditions, as well as post-detention conditions, such as abstaining from illicit drugs and attending any directed counselling or treatment programs.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Sentencing
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Remorse
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Time Spent on Bail
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Mens Rea & Intention
Actions
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Citations
R v Scanlon [2018] NZHC 3376
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