New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Driving causing death
  • 2 Nov 2022

    R v SPEIR [2022] NZHC 2850

    Citation
    [2022] NZHC 2850
    Court
    High Court

    Starting point for this manslaughter by dangerous driving was six years' imprisonment. Voluntary drug-induced psychosis did not reduce culpability because psychosis resulted from voluntary methamphetamine use; defendant was not incapacitated when he chose to drive and engaged in grossly negligent conduct. The starting point was uplifted modestly for prior driving-related convictions and offending while subject to sentence, and mitigated for traumatic background, substance dependence and rehabilitation prospects producing a 20% discount, resulting in 5 years 3 months. A 50% credit for exemplar…