26 May 2020
IRWIN v R [2020] NZCA 181
- Citation
- [2020] NZCA 181
- Court
- Court of Appeal
The Court held the District Court starting point of 2 years 8 months was not out of range, but the 1 month uplift for a prior conviction was disproportionate and removed; having found additional personal mitigation and good rehabilitative prospects a further 3 month discount was warranted, resulting in a substituted sentence of 1 year 10 months imprisonment with a special post-release condition requiring departmental programme participation; home detention was declined because short duration and early release would prevent meaningful programme completion.