17 Sept 2020
STOLLERY v R [2020] NZCA 429
- Citation
- [2020] NZCA 429
- Court
- Court of Appeal
The Court held the jury was entitled to find the appellant intended to obtain a benefit as broadly defined by s 267(4) (seeking a transfer from Housing New Zealand) and, in any event, intended to cause loss to the owner; the trial judge's directions on unanimity and to continue deliberating were adequate and the absence of a Papadopoulos direction before the four‑hour threshold did not cause a miscarriage of justice; the sentencing starting point of 3 years 9 months was within the available range and, after mitigation, the imposed sentence of 3 years 6 months was not manifestly excessive.