7 Jul 2021
MATKOVICH v POLICE [2021] NZHC 1660
- Citation
- [2021] NZHC 1660
- Court
- High Court
Section 18 precludes imposing an uplift that effectively amounts to imposing a custodial sentence for youth-only offences (the six month uplift for unlawful taking of a motor vehicle was impermissible), but s18 does not preclude taking associated conduct into account as an aggravating feature when setting the starting point for the lead offence where there is a sufficient link. The correct starting point was reduced from 6 years 8 months to 6 years 6 months, and a larger youth-related and personal mitigation discount (25% for youth and 25% for guilty plea/personal circumstances aggregating to…