13 Dec 2023
MOREHU v R [2023] NZHC 3684
- Citation
- [2023] NZHC 3684
- Court
- High Court
The substituted sentence (two weeks' imprisonment in lieu of $2,686 fines) was unlawful because the statutory preconditions in Summary Proceedings Act s106E were not satisfied (no assessment of financial capacity or consideration of other enforcement methods); accordingly the substitution was quashed and fines reinstated. The overall custodial sentence of two years' imprisonment was within the available range and not manifestly excessive; home detention was inappropriate given the offending and purposes of sentencing, but specified rehabilitative release conditions were imposed.