28 Apr 2023
MULLAN v POLICE [2023] NZHC 962
- Citation
- [2023] NZHC 962
- Court
- High Court
Section 27 does not contemplate a defendant's own affidavit as the primary form of a s27 report; the Judge nevertheless considered the affidavit but erred to some extent in attributing excessive weight to the absence of prior violence in one relationship as negating nexus. Nevertheless, any additional deduction for background should have been modest (approximately 5–10%) and the overall sentence (16 months imprisonment converted to eight months home detention) was within the permissible range and not manifestly excessive, so the appeal is dismissed.