11 Sept 2020
MARSH v POLICE [2020] NZHC [2368]
- Citation
- MARSH v POLICE [2020] NZHC [2368]
- Court
- High Court
The High Court held the expert reports were credible fresh evidence warranting extension of time and admission; the absence of evidence of the appellant's intellectual disability at the 2018 sentencing was an error because the disability is a mitigating personal factor that makes imprisonment more onerous for him; accordingly the 3-year sentence was quashed and the matter remitted to the District Court with a direction to order ss34-35 CPMIP assessments to determine eligibility for IDCCR disposition prior to resentencing, remanding the appellant in custody in the interim.