New Zealand Case Law: Decisions & Judgments

Topic

Driving while impaired

Legal area

Court

19 Aug 2022

JENNISON v NEW ZEALAND POLICE [2022] NZHC 2070

Citation

[2022] NZHC 2070
Court

High Court

The High Court found no error in the sentencing Judge's exercise of discretion: given the egregious and dangerous driving, the appellant's prior offending including prior sentences of imprisonment and a reviewed home detention, and police concerns about the proposed address, only imprisonment would adequately achieve denunciation and deterrence; the Judge had considered and discounted mitigating factors, so the 16 month sentence and two year disqualification were upheld.
2 Jul 2021

VANDENBRINK v NEW ZEALAND POLICE [2021] NZHC 1630

Citation

[2021] NZHC 1630
Court

High Court

The High Court held the direct and indirect consequences of conviction were not out of all proportion to the gravity of the dangerous driving offence; the District Court was right to refuse discharge under s106/s107 and was not required to substitute a community-based sentence under s94; appeal dismissed.
22 May 2019

MACNEE v NEW ZEALAND POLICE [2019] NZHC 1125

Citation

[2019] NZHC 1125
Court

High Court

The High Court held the sentencing judge did not err. Given the seriousness of the offending, the risk to the public, the unavailability of home detention and the appellant's lack of demonstrable rehabilitative initiative since offending, the judge lawfully prioritized deterrence, denunciation and protection of the community over rehabilitation. The eight month custodial sentence was within the available range and not manifestly excessive; appeal dismissed.
27 Jun 2017

YAN v NZ POLICE [2017] NZHC 1435

Citation

[2017] NZHC 1435
Court

High Court

The High Court concluded the District Court's starting point of 20 months' imprisonment was within the appropriate range applying established authority on multiple driving while disqualified offences and applicable uplifts for associated drug and impairment offending and prior convictions; the 20% approximate guilty plea discount resulting in a 16 month sentence was properly applied, therefore there was no error warranting interference and the appeal is dismissed.

New Zealand Case Law

JENNISON v NEW ZEALAND POLICE [2022] NZHC 2070

VANDENBRINK v NEW ZEALAND POLICE [2021] NZHC 1630

MACNEE v NEW ZEALAND POLICE [2019] NZHC 1125

YAN v NZ POLICE [2017] NZHC 1435