9 Jul 2021
NESBITT HIMIONA v NEW ZEALAND POLICE [2021] NZHC 1718
- Citation
- [2021] NZHC 1718
- Court
- High Court
The sentencing judge erred by prioritising deterrence to the exclusion of countervailing sentencing purposes (rehabilitation and keeping a young offender in the community where practicable); given the offender's youth, family support, lack of ammunition or evidence of intended use and approved residence for home detention, the appropriate outcome was to commute the eight month prison term to a five month home detention term less credit for time served.