13 Mar 2020
LOGOVA TAFA ASIATA v R [2020] NZCA 53
- Citation
- [2020] NZCA 53
- Court
- Court of Appeal
The Court held the appellant's significant intellectual impairment created a causal nexus with the offending that materially reduced culpability such that the higher-end band 1 starting point was inappropriate; given the appellant's low risk, rehabilitation, and vulnerability in prison a non-custodial sentence would have been the least restrictive appropriate outcome though time served issues required substituting the sentence with two years' imprisonment; further evidence from a second psychological report was admitted and leave to appeal granted.