7 Jul 2022
SHRAMKA v R [2022] NZCA 299
- Citation
- [2022] 3 NZLR 348
- Court
- Court of Appeal
For sentencing under s 189A courts must identify and qualitatively assess specific aggravating factors for strangulation rather than mechanically count factors; the Court provides reference starting points (worst class ~5.5–6 years, moderate ~3 years, lower ~2 years) and applies that framework to hold the appropriate starting point in this case was 36 months, uplifted for breaches and prior convictions to 48 months then discounted for personal mitigation and EM‑bail credit to a final sentence of 27 months; the sentence was not manifestly excessive and the appeal is dismissed.