4 Sept 2023
AVERY v R [2023] NZCA 415
- Citation
- [2023] NZCA 415
- Court
- Court of Appeal
Appellant's role in the robbery was equivalent to co-offender McWaters so the correct starting point for the robbery was three years six months; a six-month uplift for the separate assault with a weapon made the effective starting point four years; the Judge had double counted violent conduct in setting a higher starting point; maintaining the overall 40% discount produced an end sentence of two years four months which the Court substituted for the two years eight months imposed below.