31 May 2023
OATES v R [2023] NZHC 1349
- Citation
- [2023] NZHC 1349
- Court
- High Court
The Judge erred by under‑crediting the appellant's personal background factors in the s 27 report; applying a 35% total discount (20% for background, 15% for guilty plea) to the three‑year starting point produced an appropriate custodial term of 23 months, and having regard to s 16(2) eligibility and corrected calculation of time served the Court substituted a final sentence of four months' home detention to commence 1 June 2023, quashing the prior sentence of two years three months' imprisonment.
- Cultivation and supply of cannabis
- Sentencing starting point (r v terewi tariff)
- Discount for guilty plea
- Personal mitigation (s 27 report)
- Home detention
- Effect of potential forfeiture under criminal proceeds (recovery) act