16 Dec 2021
MATARA v R [2021] NZCA 692
- Citation
- (2021) 12 HRNZ 944
- Court
- Court of Appeal
Section 86C(4) must be read subject to NZBORA, in particular s9; a sentencing Judge is not required to order that a second strike sentence be served without parole where doing so would produce punishment disproportionately severe and inconsistent with s9. Applying that principle the non-parole order in this case was disproportionate and the sentence is adjusted to 10 years 2 months imprisonment with an MPI of 40%.