11 May 2021
KAI YIP CHEUNG v R [2021] NZCA 175
- Citation
- [2021] 3 NZLR 259
- Court
- Court of Appeal
The Court held that Moses is a guideline judgment with limited retrospective effect and will not automatically overturn sentences imposed before 15 July 2020 unless special circumstances are shown; on the facts an extension of time to bring the appeal was granted because the imposed minimum period of imprisonment (nine years) was not justified given the length of the determinate sentence and the offender's youth and prospects, so the MPI was quashed while the determinate sentence of 15 years and five months was otherwise upheld.