New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Causing death by driving

Legal area

Court

27 Nov 2020

KINITA v R [2020] NZHC 1008

Citation

[2020] NZHC 1008
Court

High Court

Starting point of three and a half years was within the available range and not in error; additional mitigating material not before the sentencing Judge warranted a further four month discount; Moses v R aggregation methodology was not applied to reduce sentence further; sentence of 22 months and two weeks imprisonment was set aside and replaced with 10 months home detention with specified rehabilitation and abstinence conditions and a two year driving disqualification retained.
13 Sept 2017

SKIPPER v R [2017] NZCA 399

Citation

[2017] NZCA 399
Court

Court of Appeal

The Court held the trial judge was not wrong to refuse to substitute the s61 charge with the s62 charge given statutory ambiguity and precedent; however the sentence was manifestly excessive because insufficient weight was given to the s62 maximum as an indicator of community seriousness and to mitigation; an appropriate starting point was two years with substantial mitigation resulting in a sentence of about 17 months; the sentence was quashed and the matter remitted for re-sentencing with directions to prepare a home detention appendix.