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Griffin v R [2019] NZCA 422

10 September 2019

Decision

PDF document icon JCA.pdf — PDF document, 331 KB (339705 bytes)

Summary

The appellant was convicted on one charge of manslaughter and one charge of aggravated robbery, and sentenced to 10 years and nine months' imprisonment. Sentence to be served without parole by operation of the three strikes law. Whether the Judge erred in adopting a starting point too high by comparison to similar and more serious cases.

Held: no. Having regard to both comparable manslaughter sentencing and GBH sentencing (the latter used as a cross-check, in accordance with Everett v R [2019] NZCA 68), the starting point of 12 years' imprisonment was plainly appropriate and within range.