18 May 2016
WHITLEY v NEW ZEALAND POLICE [2016] NZHC 1025
- Citation
- [2016] NZHC 1025
- Court
- High Court
The District Court sentence was manifestly excessive because the cumulative uplifts applied to the November and January 2016 offences produced an overall end sentence disproportionate to the totality and gravity of the offending; the High Court reduced the starting point aggregate to 18 months (10 months for November, plus 4 months for each January offence), retained a 6-month uplift for prior offending, allowed a 4-month mitigation for personal circumstances, applied the agreed 25% guilty plea discount, and imposed a substituted end sentence of 15 months imprisonment; s94 did not apply becau…