New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Excess blood alcohol (eba)

Legal area

Court

7 Dec 2017

JENNER v NEW ZEALAND POLICE [2017] NZHC 3031

Citation

[2017] NZHC 3031
Court

High Court

Maximum starting point was unjustified on these facts; the Court adopted a 19 month starting point, deducted 2.5 months for remorse/personal factors, then deducted a further 25% for the early guilty plea, resulting in a sentence of 12 months and one week imprisonment; appeal allowed and District Court sentence of 16 months quashed and substituted accordingly.
22 Aug 2016

WALKER v R [2016] NZHC 1963

Citation

[2016] NZHC 1963
Court

High Court

The High Court upheld the District Court's prison sentence (3 years 9 months) and the seven year finite disqualification but held that the sentencing Judge erred by failing to also impose the mandatory indefinite disqualification under s65(2) of the Land Transport Act 1998; the Court confirmed the five year starting point and six month uplift were within range and that no additional remorse discount was required beyond the guilty plea and youth reductions.