28 Mar 2023
TURNER v POLICE [2023] NZHC 648
- Citation
- [2023] NZHC 648
- Court
- High Court
The appeal was allowed because the Judge erred by treating addiction and s 27 background factors in isolation rather than holistically; the evidence established that longstanding methamphetamine dependence remained operable and, when combined with adverse childhood and social background, mitigated moral culpability to a limited extent. A combined mitigation discount of 10% was appropriate (in addition to the existing 20% guilty plea discount already allowed), reducing the sentence from 27 months to 23 months; no additional remission for remorse was warranted and home detention was inappropria…