19 Aug 2019
R v O’CARROLL [2019] NZHC 2035
- Citation
- [2019] NZHC 2035
- Court
- High Court
Section 155(4) of the Cook Islands Act 1915 requires that punishment imposed by the High Court for offences committed in the Cook Islands be the punishment provided by Cook Islands law; because Cook Islands law does not provide for home detention the High Court of New Zealand lacked jurisdiction to impose home detention in this case; applying Cook Islands sentencing principles and precedents the appropriate starting point was three years' imprisonment, reduced by 11 months for guilty plea and 3 months for remorse/reparation to a final sentence of 22 months' imprisonment, with $1,000 emotional…