16 Dec 2021
R v MAHARAJ [2021] NZHC 3511
- Citation
- [2021] NZHC 3511
- Court
- High Court
Given the aggravating facts (deliberate dangerous driving crossing into oncoming traffic causing three deaths and serious injury) a 10-year starting point for imprisonment was appropriate; the offender's severe untreated schizophrenia required substantial mitigation (25% reduction) but did not eliminate the need for imprisonment; additional deductions were applied (5% credit for lack of convictions/poor driving record, 20% for early guilty plea, and 5 months credit for restrictive EM bail) resulting in an effective term of 4 years 5 months; expert evidence satisfied statutory threshold for de…
- Manslaughter
- Dangerous driving
- Special patient detention
- Mental impairment and responsibility
- Driving disqualification
- Sentencing discounts (guilty plea; mental illness; em bail)