20 Apr 2018
PALU v NEW ZEALAND POLICE [2018] NZHC 758
- Citation
- [2018] NZHC 758
- Court
- High Court
The appeal is allowed because the six month imprisonment was imposed by treating the original Judge's eight month end-point as effectively pre-determined without adequate allowance for mitigating factors (guilty pleas, personal circumstances, first imprisonment, and the Clotworthy factors). The six month sentence is quashed and substituted with a four month imprisonment term, with the same post-release and special release conditions and an additional direction for assessment and drug and alcohol counselling on release.