New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Driving with excess blood alcohol causing injury

Legal area

Court

7 Jun 2022

MATIKA-MARSH v POLICE [2022] NZHC 1331

Citation

[2022] NZHC 1331
Court

High Court

The appeal was dismissed because the s 27 report did not materially alter the information before the sentencing Judge, who had already considered the appellant's personal and mental health circumstances; there was no error in the Judge's assessment of culpability or sentence calculation and the 24-month sentence was not manifestly excessive.
15 Mar 2019

SUCKLING v NEW ZEALAND POLICE [2019] NZHC 463

Citation

[2019] NZHC 463
Court

High Court

The High Court held the District Court judge correctly adopted a 12 month imprisonment starting point consistent with comparable authorities and the reduced blood alcohol limit, properly weighed mitigating factors including remorse, early plea and substantial reparation, and lawfully imposed a less restrictive sentence of six months' community detention with ancillary orders; the sentence was not manifestly excessive and the appeal was dismissed.