19 Jul 2021
HUTTON v R [2021] NZHC 1817
- Citation
- [2021] NZHC 1817
- Court
- High Court
When a sentencing relies on facts that are disputed, the court must follow s24 Sentencing Act 2002 procedures; Judge Roberts accepted and used disputed material from the Crown's summary (including particulars of withdrawn charges) without conducting a s24 contested facts process, producing a sentencing miscarriage that required quashing and remittal for re-sentencing.