Davies v R - [2012] 1 NZLR 364

Criminal law — Sentence — Change to sentencing law between commission of offence and sentencing — Introduction of powers to impose minimum terms of imprisonment — Whether minimum term of imprisonment constitutes “penalty” — Minimum term of imprisonment retrospectively applicable — Whether offender entitled to benefit of lesser penalty — Sentencing Act 2002, ss 6, 86 and 152.

Constitutional law — New Zealand Bill of Rights Act 1990 — Whether minimum term of imprisonment constitutes “penalty” — Whether minimum term of imprisonment retrospectively applicable — Whether offender entitled to benefit of lesser penalty — New Zealand Bill of Rights Act 1990, s 25.