12 Jul 2021
NITIN PRATAP v R [2021] NZCA 308
- Citation
- [2021] NZCA 308
- Court
- Court of Appeal
Quantity placed offending in band 5 but appellant's operation was small scale; despite criteria of a leading role being met, comparative smallness of the enterprise placed culpability at the lower end of band 5 (appropriate starting point 12–13 years). The District Court's 14-year starting point was excessive; a six-month discount for restrictive EM bail was proper but an additional discount for delay double-counted the same factor. A 10% discount for prior good character was appropriate. Resulting substituted sentence: 11 years 3 months and no minimum period under s86(2).