New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Motor manslaughter

  • 3 Aug 2022

    R v GEBHARDT [2022] NZHC 1899

    Citation
    [2022] NZHC 1899
    Court
    High Court

    Defendant's sustained, deliberate, grossly excessive high-speed driving directed at the stop bank while carrying his six-year-old son constituted high culpability; starting point set at 7.5 years' imprisonment, reduced by 35% (20% guilty plea, 10% for psychological and physical injuries, 5% for good character) to an end sentence of five years' imprisonment; driver disqualified for seven years following release because he remains a high risk until he gains insight and treatment.

  • 4 Feb 2021

    R v SAVIGNY [2021] NZHC 164

    Citation
    [2021] NZHC 164
    Court
    High Court

    The Court found multiple significant aggravating factors (excessive speeds including >150 km/h, fleeing police, persistent dangerous driving, driving without licence, prior similar offending, unbelted passenger, vehicle taken without permission) outweighed limited mitigation (victim encouragement, remorse, personal background). Applying the two-step approach the appropriate starting point was nine years, total mitigation discounts were 38% (25% guilty plea, 8% remorse, 5% personal circumstances) resulting in a sentence of five years and seven months imprisonment, with an MPI of three years an…