16 Jul 2019
S v THE COMMONWEALTH OF AUSTRALIA [2019] NZHC 1635
- Citation
- [2019] NZHC 1635
- Court
- High Court
The High Court held s 7(e) did not apply because the sentencing Judge treated the Australian conduct only as background/grooming indicative of premeditation for distinct New Zealand offending and did not punish the appellant for the Australian offences; there was no evidential basis to conclude the New Zealand sentence included punishment for the Australian charges, so the District Court did not err in concluding the appellant remained eligible for surrender and s 8(1)(b) and s 48(4) were not engaged.