18 Dec 2020
ROPITINI v R [2020] NZHC 3426
- Citation
- [2020] NZHC 3426
- Court
- High Court
The District Court failed to apply an appropriate discount for 334 days spent on recall which ought to have been taken into account in sentencing; applying established appellate practice (a 66% discount of time on recall in this context) and appropriate uplifts/discounts yields a sentence of nine months, thus the imposed 11 months was manifestly excessive and must be quashed and replaced; the presence of $2,900 could properly be treated as an aggravating factor given the accepted summary of facts linked the cash to supply.