30 Jul 2020
MARTIN v R [2020] NZCA 318
- Citation
- [2020] NZCA 318
- Court
- Court of Appeal
The Court exercised discretion to apply Zhang in the special circumstances because the appellant had instructed appeal promptly and counsel awaited Zhang; the offending (approximately 600g) fell into Zhang band 4 and, balancing solo operation against commerciality and weapons, a starting point of 12 years was appropriate, uplifted one year for related offending to a notional 13 years; deductions of 5% for remorse, 25% for guilty plea and a further 10% for addiction and rehabilitative prospects (applied pursuant to Moses) produced a final sentence of seven years and ten months, and the origina…