17 Jun 2020
WHITTAKER v R [2020] NZCA 241
- Citation
- [2020] NZCA 241
- Court
- Court of Appeal
The Court held the starting point of seven and a half years for aggravated burglary was appropriate; the prosecution's withdrawal of the aggravated burglary charge against Caleb did not justify reducing co-offenders' sentences; however the s 27 cultural discount for Mitchell Whittaker was applied in a way that produced disproportionate comparative effect and warranted an uplift of mitigation equating to five months reduction of his end sentence, so his sentence was quashed and substituted with six years and nine months; the other appeals were dismissed.