8 Jun 2018
JOLLY v NEW ZEALAND POLICE [2018] NZHC 1343
- Citation
- [2018] NZHC 1343
- Court
- High Court
The District Court sentence was quashed because the judge failed to allow a guilty plea discount; on rehearing the Court set a starting point of 18 months for possession of objectionable material reduced by 25% to 13 months, set a 14‑month starting point for the ESO breach reduced by 25% to 10 months (after uplift for prior breaches) and six months concurrent for the reporting breach, producing a total effective sentence of 23 months; the allegation of judicial bias was rejected under the Saxmere test as the errors identified did not demonstrate an inability to decide the case on its merits.