6 Jul 2023
R v GALLAGHER & NIKOLOFF [2023] NZHC 1770
- Citation
- [2023] NZHC 1770
- Court
- High Court
The Court held that imprisonment was the presumptive starting point given the nature of s 105A offending and comparable authorities, but after assessing culpability, harm and mitigation (20% global deduction for previous good character and remorse) the least restrictive but still denouncing outcome was home detention: Gallagher received 12 months' home detention plus 200 hours' community work (starting point 2.5 years reduced by 20% then converted); Nikoloff received 7 months' home detention (starting point 18 months reduced by 20% then converted).