13 Apr 2022
R v ANARU MORGAN [2022] NZHC 790
- Citation
- [2022] NZHC 790
- Court
- High Court
Imposition of the mandatory three strikes sentence (14 years without parole) would be grossly disproportionate and breach s9 NZBORA given the ordinary sentencing outcome for this offending (starting point six years, with a two-thirds MPI producing a four year MPI) and the offender's deprived background; accordingly the court declined to apply the statutory maximum and sentenced according to ordinary sentencing principles to six years' imprisonment with an MPI of four years.