New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Nzbora s9 disproportionate punishment
  • 25 Oct 2023

    SULUSI v R [2023] NZCA 513

    Citation
    [2023] NZCA 513
    Court
    Court of Appeal

    The Court held the mandatory no‑parole order under s 86C(4)(a) produced a 200% increase in minimum custody relative to ordinary sentencing and, given the offender's significant personal disadvantage and the specific facts of the offending, resulted in treatment disproportionately severe in breach of s 9 NZBORA; therefore the s 86C(4)(a) order was set aside while the custodial term of five years and three months was affirmed.