13 Nov 2015
MURRAY v R [2015] NZCA 538
- Citation
- [2015] NZCA 538
- Court
- Court of Appeal
The proviso to s 7(2)(b) requires the sentencing judge to make an independent assessment of previous convictions and exceptional circumstances before imposing custody for Class C drug possession; being sentenced to custody for other offences alone does not satisfy the proviso, so the cumulative one month custodial sentence for simple cannabis possession was unlawful and was quashed, with conviction and discharge ordered.