25 Jun 2019
O’REILLY v R [2019] NZCA 253
- Citation
- [2019] NZCA 253
- Court
- Court of Appeal
The Court upheld the sentencing Judge's exercise of discretion to impose a 50% MPI (six years of a 12‑year sentence) because, considered collectively under s 86, the gravity, duration and multiplicity of offending, the victim's vulnerability, breach of trust, lack of remorse and assessed high risk of reoffending meant a one‑third non‑parole period was insufficient; the proposed fresh evidence was not admissible as it was not truly fresh and could have been obtained with reasonable diligence, and Corrections' operational practices do not justify declining an MPI.