New Zealand Case Law: Decisions & Judgments

Topic

Driving offences

Legal area

Court

10 Sept 2021

HALLMOND v R [2021] NZHC 2369

Citation

[2021] NZHC 2369
Court

High Court

On a plain reading s52A(5) applies only to convictions for a third or subsequent offence "against subsection (1)" of s52A; convictions under predecessor provisions entered before s52A was enacted do not qualify absent an express deeming or carry-over provision; therefore the mandatory two-year disqualification under s52A(5) did not apply to the appellant and the two-year disqualification was quashed and substituted with a cumulative six-month disqualification under s52A(3).
9 Jul 2021

BRAIDEN STEFAN MEADS-PETLEY v NEW ZEALAND POLICE [2021] NZHC 1724

Citation

[2021] NZHC 1724
Court

High Court

The Court held the District Court's 18-month starting point for the assault was excessive and reduced it to 14 months; the uplift for the remaining offending was excessive and reduced from approximately 9–10 months to 6 months; the District Court's mitigation discounts were not disturbed (25% applied), resulting in a substituted global sentence of 15 months' imprisonment and preservation of leave to apply for substitution to a full-time residential rehabilitation programme.
7 May 2020

KURA v NEW ZEALAND POLICE [2020] NZHC 939

Citation

[2020] NZHC 939
Court

High Court

The Court corrected the District Court's calculation, accepted a reduced valuation for the stolen phones but found the appellant's culpability and related offending justified the uplifts applied by the Judge; minimal mitigation was appropriate and no credit was given for alleged assistance because police derived no benefit; accordingly the appeal is allowed in part, the sentence reduced from 28 months to 25 months' imprisonment and reparation for the phones reduced to $3,750.
16 Jul 2019

PAUL v NZ POLICE [2019] NZHC 1650

Citation

[2019] NZHC 1650
Court

High Court

The District Court's cumulative uplifts produced a manifestly excessive total sentence. The correct approach was to adopt an adjusted starting point of two years and three months for the lead offending, allow a two month credit for restrictive EM bail, and apply a 20% guilty plea discount, resulting in a substituted lead sentence of one year and eight months with all sentences to be concurrent; accordingly the appeal is allowed and the sentence substituted.
18 Apr 2016

BARTLETT v POLICE [2016] NZHC 746

Citation

[2016] NZHC 746
Court

High Court

The sentencing judge's application of starting points, uplift for aggravating features (including prior dishonesty and offending on parole) and a 20% discount for an early guilty plea was a careful, lawful exercise of discretion and the resulting sentence was not manifestly excessive.

New Zealand Case Law

HALLMOND v R [2021] NZHC 2369

BRAIDEN STEFAN MEADS-PETLEY v NEW ZEALAND POLICE [2021] NZHC 1724

KURA v NEW ZEALAND POLICE [2020] NZHC 939

PAUL v NZ POLICE [2019] NZHC 1650

BARTLETT v POLICE [2016] NZHC 746