21 Nov 2013
THE SOLICITOR-GENERAL OF NEW ZEALAND v SWANN [2013] NZHC 3118
- Citation
- [2013] NZHC 3118
- Court
- High Court
The District Court Judge lawfully exercised his sentencing discretion by remitting outstanding fines and substituting the minimum lawful sentence of 40 hours community work after a means assessment showed an unacceptable repayment period; statutory prerequisites were addressed and the appellant's asserted medical incapacity should be pursued by application to the District Court for variation or cancellation rather than by appellate challenge, therefore the High Court dismissed the appeal.