1 Mar 2019
MARSH v R [2019] NZHC 310
- Citation
- [2019] NZHC 310
- Court
- High Court
Appeal allowed because the District Court Judge failed to give adequate reasons for rejecting the appellant's duress/coercion evidence under s 24, necessitating de novo consideration; on rehearing the Court accepted the appellant presented as credible and that his culpability was reduced by coercion/persuasion and ordered a six‑month reduction, while upholding that the 15% guilty plea discount was appropriate and should not be increased as that would double count mitigation.