11 Sept 2020
GILES v R [2020] NZHC 2372
- Citation
- [2020] NZHC 2372
- Court
- High Court
The appeal is allowed and the global sentence reduced because the District Court erred by failing to give sufficient credit for personal and systemic mitigating factors (including cultural deprivation) when calculating discounts; the starting point for the methamphetamine offending was within range and not disturbed; guilty plea methodology per Moses should guide re-sentencing but failure to apply Moses alone is not necessarily error; cumulative sentencing was justified and did not require an additional totality reduction on these facts.