24 Aug 2018
GAVIN v R [2018] NZHC 2193
- Citation
- [2018] NZHC 2193
- Court
- High Court
The Judge erred in calculating the one‑third mitigation discount (intended 11 months, applied 9 months); no unjustifiable disparity existed because the same starting point was adopted and differences arose from offenders' personal circumstances; refusal to impose home detention on the appellant was not an error of principle given prior convictions, prior imprisonment, offending while on bail against same victim and limited remorse. The appropriate result is to reduce the appellant's sentence from 24 months to 22 months imprisonment.