21 Nov 2023
MAAKA-WANAHI v NEW ZEALAND POLICE [2023] NZHC 3291
- Citation
- [2023] NZHC 3291
- Court
- High Court
The High Court allowed the appeal, holding that the District Court failed adequately to account for the causative impact of the appellant's FASD/ADHD on culpability at the starting point and applied an excessive starting point for non-burglary offences and an unjustified uplift for prior non-custodial sentences; the court recalculated the appropriate starting point (30 months), applied reductions for totality and discounts (25% guilty plea, 15% mental health, 10% youth), removed the uplift for prior convictions, and substituted a final sentence of 15 months imprisonment, with leave to apply f…