12 May 2020
KELLY v NEW ZEALAND POLICE [2020] NZHC 972
- Citation
- [2020] NZHC 972
- Court
- High Court
Radio transmissions were not material to the factual basis of the attempting to defeat the course of justice charge (the charge was failing to stop when signalled); therefore the Judge erred in treating those transmissions as relevant to the lead charge. The offending is more analogous to avoiding apprehension than to perverting the administration of justice; a nine-month starting point for the lead offence, with appropriate uplifts and discounts (three-month uplift for driving charges, three-month uplift for breach of release conditions, three-month uplift for prior convictions; two-month mi…