15 Feb 2022
R v NEPIA [2022] NZHC 198
- Citation
- [2022] NZHC 198
- Court
- High Court
Court must impose the statutory maximum of 14 years for aggravated burglary as a third strike offence but set parole eligibility by declining the without‑parole order because the combination of guilty plea, personal mitigating circumstances (dysfunctional upbringing, substance dependence), disparity with co-offender, rehabilitative prospect and the large difference between the sentence that would otherwise be imposed and the statutory maximum made it manifestly unjust to eliminate parole; imposed 14 years with a minimum period of imprisonment of 4 years and a concurrent six month sentence for…
- Aggravated burglary
- Using a document for pecuniary advantage
- Three strikes regime (sentencing act 2002 s86d)
- Manifestly unjust exception
- Sentence mitigation and uplift
- Minimum period of imprisonment