6 Dec 2021
WARE v NEW ZEALAND POLICE [2021] NZHC 3320
- Citation
- [2021] NZHC 3320
- Court
- High Court
The sentencing Judge materially erred by failing to properly account for eight and a half months on very restrictive 24‑hour EM bail and by understating remand custody; EM bail credit is a mandatory evaluative mitigating factor to be applied in adjusting the starting point before conversion to home detention; applying a modestly over 50% credit for restrictive EM bail (five months), converting the resulting 18 months imprisonment to nine months home detention and then deducting nine weeks remand yields a substituted sentence of seven months' home detention, which the Court imposed.