11 Apr 2022
KENNY LESLIE MCMILLAN v R [2022] NZCA 128
- Citation
- (2022) 30 CRNZ 245
- Court
- Court of Appeal
The Court upheld findings on quantity and roles where supported by evidence and credible adverse credibility findings (McMillan), dismissed McMillan and Taui sentence appeals, and allowed the Crown appeal in Philip: a sentencing judge may take additional information into account after an accepted sentence indication under s116 CPA but must afford adequate notice and address disputed facts under s24(2)(a); on reassessment Philip's starting point and discounts were manifestly too low so home detention was quashed and substituted with imprisonment of two years eleven months.