29 Mar 2021
CLARKE v R [2021] NZCA 96
- Citation
- [2021] NZCA 96
- Court
- Court of Appeal
Given the appellant's misadvised failure to obtain a pre-sentencing s 27 report but his clear instructions to obtain one, the Court admitted the post-sentencing s 27 report in the interests of justice, found the District Court's 10 years 6 months starting point was within range for rape band two but reduced the sentence by 10% to reflect the s 27 material and rehabilitative prospects, and quashed the MPI because the information favoured incentivising rehabilitation and did not require a fixed minimum period.