New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Role assessment (zhang)
  • 9 May 2023

    FARSHAD ESFEHANI-BAHADORI v R [2023] NZCA 146

    Citation
    [2023] NZCA 146
    Court
    Court of Appeal

    The Court applied Zhang and Berkland to assess role and quantity: Esfehani-Bahadori, though in a lesser role, had sufficient awareness, gang commitment and financial motivation to warrant placement at the bottom of band five and the sentence was not excessive; Safi's money laundering elevated his culpability but the District Court's separate uplift for subsequent offending produced an excessive combined starting point, requiring recalculation to a 12-year global starting point and reduction of the end sentence to reflect totality and parity.