14 Oct 2021
FIELDING v R [2021] NZHC 2753
- Citation
- [2021] NZHC 2753
- Court
- High Court
The High Court held the District Court's starting point and uplift were within the permissible range but the sentencing Judge failed to allow an adequate discount for the appellant's deprived upbringing and addiction; admission of the section 27 material warranted a 20% discount for mitigation which rendered the original sentence manifestly excessive, and the appropriate remedy was to quash the sentence and substitute a reduced term of imprisonment of 26 months after recalculating discounts and uplift.