10 Feb 2023
HURA v R [2023] NZCA 7
- Citation
- [2023] NZCA 7
- Court
- Court of Appeal
The Court held that the sentencing judges did not undertake the required fact-specific s86 analysis and instead applied the then-orthodox 50% MPI as routine; given the lengthy global sentences imposed, the standard one-third parole eligibility was sufficient to achieve the s86(2) sentencing purposes in each case and there was no evidence that the longer MPIs were required to protect the community; accordingly, despite substantial delay the strength of the appeals and the liberty interest justified granting extensions of time and setting aside the 50% MPIs.