16 Jun 2022
BARBER v R [2022] NZHC 1435
- Citation
- [2022] NZHC 1435
- Court
- High Court
District Judge erred by failing to assess remorse separately and by not taking into account the appellant's letter of apology; on appeal the presumption of imprisonment under s128B was displaced given real prospects of rehabilitation and mitigating factors, and the one year, ten months and two weeks prison sentence was quashed and replaced with 10 months home detention (allowing a 3% remorse discount and credit for time in custody).