10 May 2018
THE QUEEN v DANIEL CLINTON FITZGERALD [2018] NZHC 1015
- Citation
- [2018] NZHC 1015
- Court
- High Court
Section 86D(2) prescribes a mandatory minimum sentence applicable to stage-3 offences and therefore constitutes an "enactment applicable to the offence" for the purposes of s106; accordingly s106 discharge without conviction is not available for a third-strike offence. The Court must impose the maximum term (seven years) for the indecent assault, but the s86D(3) manifestly unjust exception to a no-parole order applied here and the Court declined to order the sentence be served without parole.