16 Dec 2022
JASON BRENDON PHILIP v R [2022] NZSC 149
- Citation
- [2022] 1 NZLR 571
- Court
- Supreme Court
The Supreme Court allowed the appeal: the Court found the appellant's role was on the cusp between lesser and significant under Zhang/Berkland, accepted the High Court's assessment of addiction-driven motivation and limited financial gain, and held that where rehabilitation and family factors were central a custodial substitution should be imposed cautiously. The Court quashed the Court of Appeal's sentence of two years and eleven months and substituted one year and seven months' imprisonment, and affirmed that a discrete discount for the impact on the appellant's young child was properly ava…