9 Apr 2019
SUNDA v NEW ZEALAND POLICE [2019] NZHC 756
- Citation
- [2019] NZHC 756
- Court
- High Court
The High Court allowed the appeal because the District Court judge gave insufficient weight to significant mitigating factors when assessing overall gravity and erred in finding deportation only a possibility; the High Court found a real and appreciable risk of deportation and that those consequences would be out of all proportion to the now-moderate gravity of the offending, warranting discharge without conviction under s106 Sentencing Act 2002.