Katoa v Police [2015] NZHC 1562

In the 2015 case of Katoa v Police NZHC 1562, the appellant pleaded guilty to an aggravated robbery and common assault charge. The case involved an appeal that considered whether a sentence discount should have been given for the defendant’s willingness to engage in restorative justice. The High Court of New Zealand held that it was appropriate for the sentencing judge not to allow a discount for willingness alone.

R v McCurley [2016] ACTSC 219 (28 July 2016)

In the 2016 case of R v McCurley ACTSC 219 the defendant pleaded guilty to aggravated burglary, burglary and theft. The Supreme Court of the ACT accepted that the defendant demonstrated a degree of remorse. The defendant’s participation in restorative justice, and willingness to participate in restorative justice with respect to other offences was seen as ‘indicative of remorse’ (para. 13).

R v Wilcox [2005] Unreported Court of Appeal of New Zealand CA14/05

Even an intention to participate in a RJ conference can be significant. In R v Wilcox [2005] Unreported Court of Appeal of New Zealand CA14/05, involving assault with a rifle and threats to kill, the court noted that ‘the appellant had contacted Restorative Justice Services with intention of seeking a conference with the victim’ but that one was not held (para. 26). This was one factor in reduction of imprisonment from 7 to 6 years with the non-parole period reduced by 6 months.

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