9 Mar 2023
BRUNT v R [2023] NZHC 451
- Citation
- [2023] NZHC 451
- Court
- High Court
The appellant was properly found to have driven carelessly because, despite the unlawful and aggressive driving of another, she had repeated opportunities over an extended period to act prudently (reduce speed and allow passage) and failed to do so; the 'agony of the moment' did not justify inaction; refusal to discharge was appropriate because the consequences of conviction were not out of proportion to the gravity of the offence; the original 200 hours community work sentence was manifestly excessive given reduced culpability from another driver's primary unsafe conduct and was reduced to 1…