5 Oct 2023
ASAELI v R [2023] NZCA 486
- Citation
- [2023] NZCA 486
- Court
- Court of Appeal
Given the victim was unconscious, suffered physical and psychological harm, and the offender took steps to seclude her and persisted after being discovered, the starting point of eight years was within the permissible range; although some discounts (youth and remorse) could have been marginally larger, the aggregate 40% reduction and resulting sentence of four years and ten months was not manifestly excessive, so the appeal must be dismissed.