15 Jun 2021
STEWART v R [2021] NZHC 1404
- Citation
- [2021] NZHC 1404
- Court
- High Court
The Court allowed the appeal: the 12‑month imprisonment starting point adopted by the Court Martial was within range but the sentencing court failed to properly account for the causal nexus between the appellant's untreated service‑related PTSD (and resultant alcohol dependence) and his reduced culpability and prospects for rehabilitation; dismissal was not tolerable or necessary in the circumstances; applying adjusted discounts (PTSD/alcohol causation, remorse, good character and guilty plea) produced an end sentence of four months detention and retention in service, and the compensatory pay…