R v Prince [2011] NZHC 1988 (5 December 2011)

Culpable driving, manslaughter and dangerous driving causing injury.

In the 2011 case of R v Prince NZHC 1988 the High Court of New Zealand stressed that there was a balance of factors which played a role in sentencing. Williams J highlighted that (para. 30)

Director of Public Prosecutions v Thabethe (619/10) [2011] ZASCA 186

The apellant pleaded guilty to unlawful sexual intercourse with a girl under the age of 16 years.

This 2011 South African Supreme Court of Appeal case recognises that if restorative justice is not appropriately balanced by other considerations it may lose its credibility as a sentencing option. The Supreme Court of Appeal held that, while restorative justice is a ‘viable sentencing option’, on these facts restorative justice was inappropriate. 

Bosielo JA said in Thabethe (para. 20)

R v Clotworthy

Unprovoked attack where drunken offender slashed the victim’s face with a knife and stabbed him numerous times in the chest

Justice Tipping for the Court of Appeal said in Clotworthy [para no]

 ‘Restorative justice….must be balanced against other sentencing policies, particularly in this case those dealing with cases of serious violence. Which aspect should predominate will depend on an assessment of where the balance should lie in the individual case.’

 

Citation: R v Clotworthy [1998]15 CRNZ 651 CA.

 

Balancing RJ

The seminal (New Zealand) case recognising the scope of restorative sentencing goals is R v Clotworthy 1998 [full citation, link]

Unprovoked attack where drunken offender slashed the victim’s face with a knife and stabbed him numerous times in the chest

Justice Tipping for the Court of Appeal said in Clotworthy [para no]