18 Sept 2018
TAFENGATOTO v NEW ZEALAND POLICE [2018] NZHC 2452
- Citation
- [2018] NZHC 2452
- Court
- High Court
The District Court judge's starting point of two and a half years for the dwelling burglary was manifestly excessive; the correct starting point is two years, with appropriate uplifts of three months for offending on bail and four months for previous convictions, and a discount just over 25% (eight months) for guilty plea/remorse, producing an effective sentence of one year and eleven months imprisonment for the burglary, cumulative on the existing 11‑month sentence for unlawful takings; the appeal is allowed and the original sentence quashed and re‑sentenced accordingly.