31 May 2023
TUALA v R [2023] NZHC 1359
- Citation
- [2023] NZHC 1359
- Court
- High Court
The sentencing judge's exercise of discretion was within legitimate bounds: a starting point of 3.5 years was appropriate; a 15% guilty plea discount was justified given an eight-month delay in pleading; a 15% deduction for cultural factors under s 27 was adequate; no additional discounts were warranted because the rehabilitative programmes did not address criminogenic needs, bail was not unduly restrictive and the appellant offended on bail, and remorse was insufficient to merit a separate discount. Therefore the sentence of two years and five months was not manifestly excessive and the appe…