2 Feb 2023
DE AGUIAR ANDRADE v R [2023] NZHC 75
- Citation
- [2023] NZHC 75
- Court
- High Court
The High Court dismissed the appeal, holding the District Court judge did not err in applying the s106/s107 three-step test; the gravity of repeated blackmail threats demanding $80,000 and causing significant emotional harm outweighed the asserted immigration and personal consequences, and there was no miscarriage of justice; the sentence of eight months' home detention was not disproportionate and is upheld.