22 May 2020
WALKER-OAARIKI v NEW ZEALAND POLICE [2020] NZHC 1087
- Citation
- [2020] NZHC 1087
- Court
- High Court
The appeal against conviction is dismissed because omission to advise on sentencing indications did not amount to counsel error that caused a miscarriage of justice given the weak prospect of acquittal on the evidence and credible independent witness accounts; the appeal against sentence is dismissed because although the original starting point was adjusted downward, the ultimate sentence of 26 months for strangulation (with a concurrent three months for assault) was not manifestly excessive after appropriate assessment of starting point and allowable discounts.