14 Feb 2020
NORTHOVER v POLICE [2020] NZHC 167
- Citation
- [2020] NZHC 167
- Court
- High Court
The District Court materially undervalued the cumulative mitigating factors (age, exemplary character, clear remorse, substantial rehabilitative steps and deep cultural impact) when assessing the overall gravity of the offending; those errors led to the conclusion that consequences of conviction were not out of all proportion to the gravity. Properly assessed, the offending was of low seriousness and the direct and indirect consequences (including loss of mana and stigma) would be out of all proportion, so the appeal must be allowed: time to appeal extended, convictions and sentences quashed…