29 Jul 2021
AGAR v R [2021] NZCA 350
- Citation
- [2021] NZCA 350
- Court
- Court of Appeal
The sentencing judge erred by failing to apply the Moses v R two-step sequence when calculating and applying guilty plea and personal discounts across multiple discrete offences. Recalculating: adjusted starting point 31 months (2 years for assaults uplifted 6 months for offensive weapon and 1 month for breaches); apply a 20% (5 months) guilty plea discount (restricted to offences pleaded), a 20% (6 months) discount for personal background, mental health and rehabilitation, and a 10% (3 months) discount for extended EM bail; subtract discounts from 31 months to 17 months then add 3 months sub…