In the 2015 case of Katoa v Police NZHC 1562, the appellant pleaded guilty to an aggravated robbery and common assault charge. The case involved an appeal that considered whether a sentence discount should have been given for the defendant’s willingness to engage in restorative justice. The High Court of New Zealand held that it was appropriate for the sentencing judge not to allow a discount for willingness alone. This was considered appropriate due to ‘the overarching context of the violent nature of the offending, the late guilty plea, and the fact that a restorative justice process never took place’ (para. 42). However, the High Court did accept that in some circumstances ‘a willingness to participate that did not proceed can indicate a positive attitude and remorse’ (para. 43).

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