16 Oct 2020
MACDONALD v POLICE [2020] NZHC 2742
- Citation
- [2020] NZHC 2742
- Court
- High Court
The 13 month sentence was manifestly excessive. An appropriate starting point for the false statement charge was 12 months with a one month uplift for the wilful damage, then discounts for youth, background and guilty plea amounting to five months, producing an end sentence of eight months' imprisonment. The sentencing judge erred in failing to grant leave to apply for substitution to home detention; the Court quashed the 13 month sentence and substituted eight months' imprisonment on the false statement charge with concurrent one month sentences on the wilful damage charges and imposed stand…