29 Jun 2018
PEARCE v R [2018] NZCA 228
- Citation
- [2018] NZCA 228
- Court
- Court of Appeal
The sentencing judge relied on an incorrect factual premise that Pearce struck the primary victim; because there was no evidence he delivered the blows to Officer Prasad his culpability was lower than the lead co-offender and the starting point should be reduced by one year (to nine years) with a one-year uplift for the separate offending, yielding a ten-year starting point; applying the 15% guilty plea discount correctly reduces the sentence to eight years six months; extension of time to appeal was granted because the sentence was founded on a factual error causing manifest excess.