22 May 2020
MARONG v R [2020] NZCA 179
- Citation
- [2020] NZCA 179
- Court
- Court of Appeal
Leave to appeal out of time granted. The Court held s104 was engaged: planning met the 'calculated or lengthy' threshold based on extensive internet research and prior conduct; high level of callousness present including post-offence disposal and statements; the victim was particularly vulnerable due to very small stature and occupation (court excluded cerebral palsy from assessment in this appeal). The combined presence of planning, callousness and vulnerability justified an uplift from the statutory 17-year MPI to 18 years; the appeal against sentence was dismissed.