New Zealand Case Law: Decisions & Judgments

Topic

Excess breath alcohol

Legal area

Court

1 May 2023

TAURI v R [2023] NZHC 870

Citation

[2023] NZHC 870
Court

High Court

The High Court found there was a causal nexus between the appellant's abusive State care, homelessness and alcohol addiction and the offending such that a larger mitigation discount was appropriate; increased the personal mitigation discount from 20% to 30%, quashed the aggravated robbery sentence and imposed a new sentence of 2 years 11 months with the other sentences to remain concurrent; extension of time to file the appeal was granted and the Royal Commission report was considered as background material.
9 Feb 2022

WELSH v NEW ZEALAND POLICE [2022] NZHC 132

Citation

[2022] NZHC 132
Court

High Court

The High Court held the District Court's starting point and 16 month sentence were within the appropriate range given the gravity, recidivism and aggravating features (high breath reading and breach of release conditions) and that the sentencing process did not produce a manifestly excessive outcome; only the unrelated post-release travel restriction was improperly imposed and was deleted.
29 Nov 2021

HAYDE v NZ POLICE [2021] NZHC 3218

Citation

[2021] NZHC 3218
Court

High Court

Despite the brevity of the District Court Judge's reasons, the High Court found a 12 month starting point was within the available range given the seriousness of the offending (dangerous prolonged driving, property damage, failure to stop and high breath alcohol level); applying a full 25% guilty plea discount reduced the sentence to nine months which was not manifestly excessive, therefore the appeal was dismissed.
26 Nov 2021

FITZSIMMONS v R [2021] NZHC 3192

Citation

[2021] NZHC 3192
Court

High Court

Appeal dismissed: the Court accepted the burglary starting point should be no higher than 2 years 6 months (30 months) but upheld a greater uplift for the assault (12 months) and held the aggregate starting point and the 50% total discount (including guilty plea and s27 factors) produced a final sentence of 27 months which was not manifestly excessive; discounts applied by the sentencing Judge were within the acceptable range.
15 Oct 2021

R v TAI [2021] NZHC 2769

Citation

[2021] NZHC 2769
Court

High Court

Apply a starting point of five years for the attempted grievous bodily harm (top of band one/bottom of band two), discount the starting point by one-third because the offence was an attempt but close to success (resulting in 3 years 4 months), uplift by two months for related offending to 3 years 6 months, apply a 45% total discount (25% guilty plea plus 20% for youth, remorse, deprivation and rehabilitation potential) reducing the term to 23 months, then impose home detention rather than further imprisonment and give credit for five months remand and seven months EM bail to arrive at three m…
15 Jun 2021

DEADMAN v THE NEW ZEALAND POLICE [2021] NZHC 1406

Citation

[2021] NZHC 1406
Court

High Court

The High Court held the District Court's cumulative starting point for the EBA and related disqualified driving offending was excessive; the proper characterization was multiple offences with seriously aggravating factors warranting a 20‑month starting point for the EBA charges (not 30), the separate December disqualified driving sentence of six months remained appropriate, the four‑month uplift for history amounted to impermissible double counting, and after applying a 25% discount the substituted global sentence is 22 months' imprisonment.
11 Jun 2019

VICKERY v NEW ZEALAND POLICE [2019] NZHC 1315

Citation

[2019] NZHC 1315
Court

High Court

The High Court found the nine-month aggregate sentence was within the available range and not manifestly excessive given the offender's lengthy record and serious aggravating features, but varied the sentence by quashing the alcohol interlock requirement and replacing it with a six-month disqualification and authorization to apply for a zero-alcohol licence thereafter, and reducing the concurrent three-month sentence for excess breath alcohol to one month concurrent; otherwise the appeal was dismissed.
6 Mar 2019

MARTIN v NEW ZEALAND POLICE [2019] NZHC 353

Citation

[2019] NZHC 353
Court

High Court

The appeal is dismissed because the District Court judge did not err in principle or fact such that the sentence was outside the available range; the judge lawfully relied on the summary of facts, properly considered the age of prior convictions and other relevant factors, and the imposed sentence of four months' community detention, six months' supervision and an alcohol interlock was within range and appropriately balanced punishment, deterrence and rehabilitation.
23 Nov 2018

SANDS v NEW ZEALAND POLICE [2018] NZHC 3048

Citation

[2018] NZHC 3048
Court

High Court

Starting point of 18 months' imprisonment appropriate given very high breath alcohol reading and prior record; 5% discount for rehabilitative prospects and 15% for late guilty plea results in a reduced sentence of 14 months' imprisonment; home detention in the offender's unsupervised home was refused because rehabilitation and monitoring required placement in a residential treatment facility, but leave granted to apply for substitution under s 80I if a suitable supervised residence becomes available.
19 Jul 2018

HUGHES v NEW ZEALAND POLICE [2018] NZHC 1807

Citation

[2018] NZHC 1807
Court

High Court

The Judge did not err in declining a further adjournment because a suitable home detention address was not available and he properly granted leave under s 80I to apply later for substitution; the starting points and uplifts for possession of offensive weapons, excess breath alcohol and reckless driving were within permissible range; the discounts applied were appropriate; the aggregate sentence of one year and ten months imprisonment was not manifestly excessive; appeal dismissed.