28 Feb 2023
WILKINS v POLICE [2023] NZHC 313
- Citation
- [2023] NZHC 313
- Court
- High Court
The offending fell within the second Samson category given a high breath alcohol reading and dangerous driving; although uplift for prior convictions risked double-counting it was within the available range; evidence supported alcohol dependency but dependency does not automatically mitigate drink-driving and did not justify discount here; home detention was unsuitable given seriousness, high reading, recidivism and lack of insight; the 12-month imprisonment sentence was not manifestly excessive and the appeal was dismissed.