19 Feb 2019
TRAINOR v POLICE [2019] NZHC 209
- Citation
- [2019] NZHC 209
- Court
- High Court
At the time of sentencing the appellant was already disqualified for dangerous driving committed within five years of an earlier such offence, so the prohibition in s103(2)(d) (and s94(4)(b)) prevented the sentencing Judge from exercising the s94 discretion to substitute a community-based sentence; accordingly the District Court's imposition of a further nine months' disqualification (to commence after existing disqualification under s85(3)) was lawful and not manifestly excessive, and the appeal is dismissed.