New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Mitigation under s27 report
  • 18 Aug 2021

    FLAVELL v R [2021] NZHC 2148

    Citation
    [2021] NZHC 2148
    Court
    High Court

    The Court held the Judge erred by failing to quantify and separately award an appropriate discount for remorse and by undervaluing the causal nexus between the s27 report's background factors and the offending; the appellate judge quantified discounts (7.5 months for guilty pleas, 6 months for s27 factors, 2.5 months for remorse totalling 16 months) and substituted a reduced global sentence of two years ten months imprisonment for the lead offence, leaving concurrent sentences intact.