15 Jul 2020
VALENTINE ATIRIANA MOSES v R [2020] NZCA 296
- Citation
- (2020) 29 CRNZ 381
- Court
- Court of Appeal
The Court revised sentencing methodology: replace the Hessell three-step approach with a two-step approach where (1) an adjusted starting point is fixed incorporating offense-based aggravating and mitigating factors and (2) all personal mitigation and the guilty plea discount are applied as percentages of that adjusted starting point (guilty plea discount capped at 25%). Applying the revised method and admitting the s 27 cultural report on appeal, the Court allowed the appeal, quashed the sentence below and substituted a term of seven years five months imprisonment.