10 Jun 2021
BURGESS v NEW ZEALAND POLICE [2021] NZHC 1370
- Citation
- [2021] NZHC 1370
- Court
- High Court
The District Court sentence was manifestly excessive because the starting point chosen was too high and the judge failed properly to account for relevant mitigating factors (only one prior involved driving and lack of prior electronic monitoring); an appropriate starting point was no more than 12 months (the appellate judge would have started at nine months), the guilty plea discount of 25% applied, and the offending was better addressed by a community-based sentence; therefore the District Court sentence was quashed and substituted with four months' community detention and nine months' super…