22 Dec 2020
PONA v R [2020] NZHC 3503
- Citation
- [2020] NZHC 3503
- Court
- High Court
The High Court found reasonable doubt as to the interpretation of several coded messages relied on at the disputed facts hearing ("whole pig raffle","big half","oz") and reduced the proven quantities; it recalculated the drug offending starting point at two years, retained the same uplifts for firearms/explosives and prior convictions, applied the same discounts, and substituted an end sentence of 23.5 months' imprisonment. Where disputed facts conclusions are not proven beyond reasonable doubt, the appellate court may adjust the sentencing calculus and substitute sentence accordingly.