9 Jun 2022
CROWLEY-LEWIS v R [2022] NZCA 235
- Citation
- [2022] NZCA 235
- Court
- Court of Appeal
Section 86C(4) of the Sentencing Act 2002 must be interpreted consistently with s9 NZBORA so that a court is not required to impose a non-parole order if doing so would produce a disproportionately severe sentence; applying that principle here, the mandatory no-parole order was disproportionate given the nature of the first strike and the appellant's mitigating circumstances, so the no-parole order was quashed and the representative rape sentence adjusted to eight years six months with a minimum period of four years three months.