5 Mar 2020
R v MITAI-NGATAI [2020] NZHC 410
- Citation
- [2020] NZHC 410
- Court
- High Court
Although the statutory scheme required imposition of the maximum seven year term for a third 'strike' indecent assault, the judge concluded it would be manifestly unjust to order the sentence be served without parole because the offending was at the lower end of indecent assault, the defendant's personal circumstances and willingness to engage in rehabilitation reduced the proportionality of denying parole, and the medical evidence could not be given full weight due to lack of access to records; accordingly the court imposed seven years' imprisonment but did not order that it be served withou…