24 Nov 2021
BITOSSI v THE CROWN [2021] NZHC 3173
- Citation
- [2021] NZHC 3173
- Court
- High Court
The appeal is dismissed: although the Judge erred in calculating the recall-period credit (recall began from the interim recall order) that error was effectively offset by the Judge's incorrect application of uplift for prior convictions at the starting point; sentencing remained within an appropriate range and is not excessive. Leave to apply for home detention was not available because the offender was serving a recalled sentence and statutory provisions precluded substituting home detention for imprisonment in those circumstances.