8 Sept 2023
HORN v POLICE [2023] NZHC 2530
- Citation
- [2023] NZHC 2530
- Court
- High Court
The Judge erred by not treating the appellant's methamphetamine addiction and rehabilitation efforts as a substantive mitigating factor; the addiction had a causative contribution to the offending and warranted a 20% discount (replacing the Judge's 5%), and the appellant's lack of prior convictions warranted a 5% discount. Applying those discounts (with other retained discounts and uplifts) reduced the effective imprisonment to a level eligible for home detention, and after credit for EM bail and remand the Court substituted an eight month term of home detention.