Page 40 - Magistrates Conference 2019
P. 40
The Position Post-Aguillera et al v The State
• The Court in Aguillera et al v The State adopted the position in R v
Taueki, Ridley and Roberts [2005] NZLR 372, a decision of the New
Zealand Court of Appeal, which stated:
The term “the starting point” in sentencing is the
sentence which is appropriate when aggravating and
mitigating factors relative to the offending are taken
into account, but which excludes any aggravating and
mitigating factors relative to the offender.
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