24 Apr 2023
WESSELS v POLICE [2023] NZHC 909
- Citation
- [2023] NZHC 909
- Court
- High Court
Because the District Court failed to comply with mandatory s24A referral for restorative justice, a s27 report was not available at sentencing, and the Judge miscalculated the starting point, the correctness of the end sentence could not be determined; therefore the appeal is allowed and the sentence is remitted to the District Court with directions to obtain the restorative justice assessment and any s27 report and to reconsider sentence (including correcting the arithmetic).