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A Christchurch man has had an appeal against his jail sentence for burglary upheld by the Court of Appeal.
Gavin Columbus was found guilty of burglary, theft and possession of cannabis charges in October last year. He was sentenced in Christchurch District Court to two years and three months' imprisonment.
The sentencing judge adopted a starting point of 3-1/2-years, allowing for the mitigating feature of Columbus' guilty pleas and a favourable probation report. This was offset against Columbus' previous convictions for dishonesty.
In allowing the appeal, Justice Harrison said the question was not whether the sentence was excessive. He said it was necessary to examine the starting point adopted by the sentencing judge, and his discount for mitigating factors.
The court replaced Columbus' original jail term with one year and 10 months' imprisonment. He was eligible to apply for home detention, the judgment found.
- NZPA
