19 Dec 2019
MAJURY v NEW ZEALAND POLICE [2019] NZHC 3427
- Citation
- [2019] NZHC 3427
- Court
- High Court
The appeal was allowed in part because the starting point and separate uplifts produced a manifestly excessive final sentence; proper assessment yields a substituted global sentence of 16 months' imprisonment. The sentencing judge did not err in refusing leave to apply for home detention. The GPS electronic monitoring condition was set aside because the pre-sentence report did not provide the required opinion as to likelihood of non-compliance under s26(2)(i)(iii) and therefore s93(3A) threshold was not satisfied; in any event GPS monitoring was not proportionate or plainly efficacious given…
- Breach of protection order
- Intensive supervision breaches
- Manifestly excessive sentence
- Home detention
- Electronic monitoring/gps conditions
- Pre-sentence report requirements