28 May 2021
R v MURAAHI [2021] NZCA 214
- Citation
- [2021] NZCA 214
- Court
- Court of Appeal
The Court held that ss86B and 86C require an oral warning which must be recorded by the court (and which is evidenced by the charging record and CMS entry); the prescribed written notice is a distinct mandatory post‑warning notice (an aide memoire) and is not a prerequisite to the validity of the oral warning; therefore the High Court erred in treating the respondent as a stage‑1 offender where records showed prior warnings, but the Court declined to order re‑sentencing.