14 Mar 2023
THOMAS v R [2023] NZHC 444
- Citation
- [2023] NZHC 444
- Court
- High Court
The District Court sentence of four years was manifestly excessive; having assessed the factual circumstances (no forced entry, single weapon not discharged, two offenders, no injury, appellant a pressured 'foot soldier', significant neurocognitive impairment and addiction) and relevant authorities, the proper starting point was five years with an uplift of six months for personal aggravating circumstances, and a 25% discount for s 27 factors, remorse and rehabilitation (together with pleaded guilty and time on EM bail producing a total 45% discount), resulting in a substituted sentence of th…