9 Dec 2015
MALIK v R [2015] NZCA 597
- Citation
- [2015] NZCA 597
- Court
- Court of Appeal
The Court held the 21 year starting point was within the proper range for two brutal, callous murders; the full Hessell (SC) discount is not automatically applicable to minimum periods set under s104, and sentencing judges retain discretion to limit guilty plea discounts where legislative policy demands; the sentencing judge reasonably found malingering and was entitled to limit discounts; therefore the minimum period of 18.5 years was properly imposed and the appeal is dismissed.