25 Aug 2022
Offers to supply that are near completion may be treated as supply for the purpose of assessing quantum under the Zhang bands; the starting point of 11 years was open on the facts and the judge's 12 month (approx. 10%) discount for mitigation was not in error; leave to appeal out of time is granted and the appeal is dismissed.
19 Dec 2017
The District Court erred by failing to take into account the appellant's personal and family circumstances; the starting point of two years under R v Terewi was not erroneous, but when the appellant's caring responsibilities and health were properly considered the appropriate and least restrictive substitute sentence was six months' community detention with six months' supervision and 100 hours' community work, replacing nine months' home detention under s 250 Criminal Procedure Act 2011.
18 Aug 2009
It was an error in principle for the District Court to reduce the company's culpability by apportioning blame to an authorised employee whose acts formed the basis of the company's offence without a disputed fact hearing or a finding the employee acted without authority; appeal allowed on that ground but sentence left unchanged by the High Court.