10 Mar 2023
B (CA757/2021) v R [2023] NZCA 52
- Citation
- [2023] NZCA 52
- Court
- Court of Appeal
The judge correctly limited discount for background because causative contribution was not established and the offending was particularly serious; the judge erred in applying the articulated percentage discounts to the plea‑adjusted sentence rather than the starting point under Moses, producing a sentence three months greater than intended — the Court corrects the calculation and substitutes a sentence of 10 years 5 months with an MPI of 5 years 2 months.