26 Jul 2023
LIAI v R [2023] NZCA 326
- Citation
- [2023] NZCA 326
- Court
- Court of Appeal
Recall was declined because, applying Fitzgerald and Matara, the non-parole orders did not produce a sentence so grossly disproportionate as to breach s 9: the calculated multiplier (approximately 1.67–2) and additional custody (about 4 years 9 months to 5 years 11 months) were insufficient given the seriousness of the offending, prior strike warning and limited mitigating factors, so no substantial injustice warranted recall.