2 Nov 2017
KELLY v NEW ZEALAND POLICE [2017] NZHC 2689
- Citation
- [2017] NZHC 2689
- Court
- High Court
The High Court held the school dormitory was residential for Arahanga purposes and applied the residential burglary range but placed the offending at the low end: the correct starting point for the dormitory burglary was 18 months; uplift for the three low‑level commercial burglaries and minor theft was limited to eight months (total starting point 26 months); the District Court did err in relying on an unsourced assertion from the victim impact statement that the offender remained in the dormitory for 50 minutes; personal mitigation (good character, significant mental illness and remorse) ju…