7 Feb 2020
R v LB [2020] NZHC 94
- Citation
- [2020] NZHC 94
- Court
- High Court
The District Court's 11‑year starting point was outside the available range for these offences (proper range 12–13 years), and the Judge compounded error by applying excessive overlapping discounts including impermissible double‑counting of youth and related mitigation and by imposing home detention notwithstanding the s128B presumption; these errors produced a manifestly inadequate sentence, therefore the appeal was allowed and a custodial sentence of 4 years 3 months imprisonment substituted.