3 Sept 2021
WILKINSON v R [2021] NZCA 438
- Citation
- [2021] NZCA 438
- Court
- Court of Appeal
The Court concluded the Judge erred in imposing a seven-year MPI because, although s86(2) factors (accountability, denunciation, deterrence) were engaged, the appellant's role was that of a temporary custodian with lesser culpability, his personal circumstances (age, prior good character, health and family factors) reduced the necessity for an MPI, and the MPI's practical effect (14 additional months before parole eligibility) made it disproportionate; accordingly the MPI was quashed.
- Minimum period of imprisonment
- Commercial-scale drug importation
- Sentencing discounts
- Role assessment
- S86 sentencing act interpretation
- Zhang guideline