15 Jun 2017
MICHAELS v R [2017] NZCA 254
- Citation
- [2017] NZCA 254
- Court
- Court of Appeal
Although this Court erred in overlooking the statutory one‑third non‑parole period for the 18 month sentence (affecting the non‑parole percentage), the error was not a fundamental error of process nor did it cause a substantial miscarriage of justice; the offending and appropriate denunciation/deterrence meant the correct non‑parole calculation would still have been within range, and subsequent Parole Board refusals demonstrate no practical prejudice; accordingly leave for a second appeal is refused.