10 Aug 2016
R V HARRISON AND R V TURNER [2016] NZCA 381
- Citation
- [2016] 3 NZLR 602
- Court
- Court of Appeal
Court holds s86E must be interpreted so the manifestly unjust exception is broad enough to prevent grossly disproportionate outcomes under s9 NZ Bill of Rights Act: the inquiry is conjunctive (circumstances of offence and offender) and intensely factual, comparing the sentence that would have been appropriate but for s86E and assessing whether whole-of-life without parole would be grossly disproportionate. Applying that test: (a) Harrison — manifestly unjust to impose life without parole given the minor nature of his stage‑1 qualifying offence and other factors; appeal dismissed and life with…