24 Oct 2019
FERGUSON v NEW ZEALAND POLICE [2019] NZHC 2753
- Citation
- [2019] NZHC 2753
- Court
- High Court
The High Court found the District Court's seven month sentence manifestly excessive; set a starting point of four months for the s194A offence (reflecting low to mid culpability), uplifted two months for drug convictions and one month for prior offences, applied a one month deduction for remorse and a 25% guilty plea discount, resulting in an overall effective sentence of four months' imprisonment on the lead charge with concurrent two month terms on the drug charges.
- Assault on a person in a family relationship (s194a)
- Possession of controlled drugs and utensils
- Sentencing starting points and uplifts
- Totality principle
- Guilty plea and remorse discounts
- Manifestly excessive test