18 Mar 2022
The Judge did not err: a 20% allowance for personal mitigating features was within the range of authority given the seriousness and context of the offending, and no allowance for remorse was required because of the delayed guilty pleas and attempts to withdraw them; therefore the appeal is dismissed.
3 Mar 2021
The High Court held the Judge did not err: a three‑year starting point for the lead aggravated injury offending was not excessive given the offending involved a sustained attack on a police officer to facilitate flight and the offence carried a higher maximum penalty; treating the second assault as an aggravating factor/uplift was permissible; generous discounts yielded a 23‑month concurrent sentence which was not manifestly excessive, therefore the appeal is dismissed.
9 Apr 2019
Applying Nuku and Taueki guidance the offending fell at top of band two/bottom of band three; starting point fixed at three years' imprisonment, uplifted by three months for serious prior violent record and then a nine month reduction to reflect potential manifest injustice from parole ineligibility under the second‑strike regime and the offender's demonstrable prospects of rehabilitation; preventive detention declined because offending and risk did not meet exceptional threshold; final sentence imposed two years six months imprisonment to be served cumulatively and without parole.
27 Jun 2018
Counsel did not err; the appellant knowingly pursued a trial strategy so no credit for a notional plea on appeal. A sentencing judge may, in exceptional cases, take into account the loss of parole under s86C when determining an uplift for prior convictions to avoid impermissible double counting; here the uplift of nine months was excessive in that context and must be reduced to three months, producing an end sentence of four years and nine months imprisonment.