Kaine Van Hemert v The King - SC 38/2022

Media releases

MR [2023] NZSC 116 (PDF 307 KB)

Summary

Criminal Appeal

Result

A The applications for an extension of time to apply for leave to appeal against the decision of the Court of Appeal (R v Van Hemert [2021] NZCA 261) [the Court of Appeal judgment] and the decision of the High Court (R v Van Hemert [2021] NZHC 2877) resentencing Mr Van Hemert [the resentencing judgment] are granted.

B Leave to appeal against the Court of Appeal judgment and the resentencing judgment is granted.

C The approved question is whether the Court of Appeal was correct to conclude that the presumption in favour of life imprisonment in s 102 of the Sentencing Act 2002 was not displaced given the circumstances of the offence and of the applicant.
3 August 2022
___________________________________________________________________________________________________________________________

A The appeal against sentence is allowed.
B The minimum period of imprisonment of 11 years and six months is quashed and a minimum period of imprisonment of 10 years is substituted.
31 August 2023

Date of Hearing

18 November 2022

Judges

Glazebrook, O’Regan, Ellen France, Williams and Kós JJ

Case Synopses

Hearing date 18 November Van Hemert v The King (PDF 472 KB)

Submissions from counsel

Hearing Transcripts

Hearing date 18 November 2022 Transcript (PDF 586 KB)