26 Apr 2017
TOLUONO v POLICE [2017] NZHC 809
- Citation
- [2017] NZHC 809
- Court
- High Court
The Court held the sentencing Judge's burglary starting point was at the top of the available range but within it; however two uplifts (for the dishonest use of documents and for related theft/receiving) were excessive when assessed against the totality principle. Proper application of totality required reduction of those uplifts, warranting substitution of the sentence with recalculation: starting point 24 months (including bail uplift), uplift 19 months for remaining offending, uplift 6 months for prior convictions, and 20% discount for guilty pleas, producing a substituted sentence of thre…