MULLIGAN v NEW ZEALAND POLICE [2019] NZHC 96
The Court concluded the indefinite disqualification under s65 was not appropriate and quashed it, substituting an alcohol interlock sentence under the relevant provisions of the Land Transport Act 1998.
Source-derived case information.
- Citation
- [2019] NZHC 96
- Parties
- Appellant: Jordan Francis Mulligan; Respondent: New Zealand Police
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 7 February 2019
- Procedural Posture
- Appeal Against Sentence / High Court Hearing (avl) Judgment on Appeal
- Outcome
- Appeal allowed; sentence quashed and substituted
- Legal Topics
- Indefinite Disqualification, Alcohol Interlock, Land Transport Act S65, Sentence Substitution
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jordan Francis Mulligan
Appellant
New Zealand Police
Respondent
Procedural Posture
Appeal Against Sentence / High Court Hearing (avl) Judgment on Appeal
Legal Issues
- 1 Whether the indefinite disqualification under s65 Land Transport Act 1998 was lawful or appropriate
- 2 Whether an alcohol interlock sentence should be imposed in place of indefinite disqualification
Ratio Decidendi
The Court concluded the indefinite disqualification under s65 was not appropriate and quashed it, substituting an alcohol interlock sentence under the relevant provisions of the Land Transport Act 1998.
Court Disposition
Appeal allowed; sentence quashed and substituted
Orders
- Appeal allowed
- Indefinite disqualification under s65 of the Land Transport Act 1998 quashed
Full Case Text
Judgment text and source record
1 paragraphs
MULLIGAN v NEW ZEALAND POLICE [2019] NZHC 96 [7 February 2019]IN THE HIGH COURT OF NEW ZEALANDTIMARU REGISTRYI TE KŌTI MATUA O AOTEAROATE TIHI-O-MARU ROHECRI-2018-476-000009[2019] NZHC 96BETWEEN JORDAN FRANCIS MULLIGANAppellantAND NEW ZEALAND POLICERespondentHearing: 7 February 2019 (By way of AVL)Appearances: K M Henry for AppellantH Bennett for RespondentJudgment: 7 February 2019JUDGMENT OF DUNNINGHAM J[1] I will allow the appeal. The sentence of indefinite disqualification under s 65of the Land Transport Act 1998 is quashed and in its place, I impose an alcoholinterlock sentence under the relevant provisions of the Land Transport Act.[2] Reasons for decision will issue in due course.Solicitors:Katherine Henry, Barrister, OamaruGresson Dorman & Co., Timaru