21 Oct 2019
ZHANG v R [2019] NZCA 507
- Citation
- (2019) 29 CRNZ 282
- Court
- Court of Appeal
The Court retained quantity-based Fatu bands but revised them and their entry points, confirmed role must be a central part of stage one culpability assessment (able to move an offender within and between bands), subdivided the top band to add a band for >2kg, lowered starting points for bands 1–4, held that addiction causatively linked to offending may justify mitigation (indicative up to 30%), emphasised personal circumstances apply at stage two for all Class A drug offending, required reasoned application of s86 before imposing minimum periods (no routine minima), encouraged use of s25 adj…