14 Oct 2021
MCDONALD v R [2021] NZCA 531
- Citation
- [2021] NZCA 531
- Court
- Court of Appeal
The Court held the offending fell at the lower end of R v AM band three due to scale, victims' ages and familial relationship, warranting a nine-year starting point for the USC offences uplifted one year for indecency (ten years); applying aggregated mitigation (10% guilty plea and 5% for restorative justice participation and lack of prior convictions =15%) produced an end sentence of eight and a half years' imprisonment, so the District Court's 12-year starting point and resultant 10-year end sentence were excessive and substituted accordingly.