20 Oct 2021
TUTUKI v POLICE [2021] NZHC 2808
- Citation
- [2021] NZHC 2808
- Court
- High Court
The sentencing Judge did not err in declining to commute the sentence to home detention or in refusing leave to apply: the offender's extensive record of similar offending and breaches of orders, combined with the unsuitability of the proposed residence and occupant (firearms/drug concerns), meant imprisonment was the least restrictive and appropriate sentence; the High Court, on rehearing, would not disturb that discretionary judgment within its margin of appreciation.