New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Alcohol impairment

  • 5 Sept 2023

    R v ROSS [2023] NZHC 2477

    Citation
    [2023] NZHC 2477
    Court
    High Court

    Having regard to precedent and the aggravating features (extremely high blood alcohol level, sustained very high speeds up to c.140 km/h, aggressive prolonged driving of some 4.7 km, breach of restricted licence), the appropriate starting point is fixed at six and a half years' imprisonment. Discrete mitigating deductions were applied: 15% for youth, 15% for mental health (ADHD and related disorders), 25% for guilty plea, and 10% for remorse and rehabilitation, producing total deductions of 65% and an end sentence of two years and three months' imprisonment. Ancillary orders: five year disqua…

  • 7 Mar 2023

    R v CALEB BELL [2023] NZHC 416

    Citation
    [2023] NZHC 416
    Court
    High Court

    The offending involved deliberate use of a vehicle as a weapon against two unknown victims causing serious injuries and falls in the higher range of band 2 under R v Taueki; a starting point of eight years was appropriate, and after applying a 25% guilty plea discount and incremental reductions of 10% for mental health, 10% for personal circumstances/lack of record, and 10% for genuine remorse and rehabilitation (total 55% reduction) the effective sentence is three years seven months' imprisonment for the attempted murder charges, concurrent with a three month sentence for the driving offence…

  • 3 Feb 2021

    R v APPLETON [2021] NZHC 80

    Citation
    [2021] NZHC 80
    Court
    High Court

    Starting point set at three years and nine months imprisonment based on significant aggravating features (marked intoxication, excessive speed, breach of Maritime Rules, failure to use safety equipment and failure to seek assistance); applying a 25% discount for an early guilty plea and a further 5% for remorse and restorative justice yields a 30% total discount and a final sentence of two years and seven months imprisonment.