14 Feb 2020
R v Johnson [2020] NZHC 169
- Citation
- [2020] NZHC 169
- Court
- High Court
Judge held the offender's chronic and acute sleep deprivation produced a seriously disturbed mental state that substantially reduced moral culpability. Applying precedents and statutory principles the Judge set a starting point of 2 years 6 months imprisonment, applied modest discounts for prior good character (5%) and remorse (5%), credited four months for strict EM bail, and exercised discretion to impose eight months' home detention because imprisonment would be disproportionate to culpability and sentencing purposes could be met by a community-based sentence.