5 Sept 2023
GEMMELL v R [2023] NZCA 420
- Citation
- [2023] NZCA 420
- Court
- Court of Appeal
The Court allowed the appeal, reduced the starting point and overall sentence and set aside the non-parole order because (a) the appellant's role was materially less than his co-offender warranting a lower starting point; (b) a discount for extended restrictive EM bail was warranted despite limited late breaches; and (c) applying the three strikes non-parole order to the appellant while his co-offender, who played the lead role, remained eligible for parole post-repeal produced a disproportionate result breaching s9 NZBORA; accordingly sentence of 4 years 2 months was quashed and replaced wit…