26 May 2022
NASSERY v R [2022] NZCA 213
- Citation
- [2022] NZCA 213
- Court
- Court of Appeal
The Court held that s16 does not operate as a freestanding overriding requirement but is engaged after an orthodox staged sentencing exercise; the Judge properly applied the Mako guideline as the starting point, the adjustments and 50% total mitigation discount produced an end sentence of two years six months which was within range, and home detention was not available because the sentence exceeded the short-term threshold under s15A(1)(b); the appeal was dismissed as the sentence was not manifestly excessive.