28 Mar 2023
PEARCE v NEW ZEALAND POLICE (Appeal against sentence) [2023] NZHC 640
- Citation
- [2023] NZHC 640
- Court
- High Court
The sentencing Judge plainly intended discounts of 25% for guilty plea and 30% for matters in the s27 report but did not intend to apply the discussed 5% for time served; the end sentence as imposed (2 years 5 months) reflected a mathematical error and was more severe than the judge's intended 55% discount from a 48‑month starting point; under authority in Ferris‑Bromley the court corrected the error and substituted a sentence of 22 months' imprisonment, declining any additional EM bail discount because of the breach.