New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Cumulative disqualification

Legal area

Court

3 Nov 2020

MANGA v POLICE [2020] NZHC 2882

Citation

[2020] NZHC 2882
Court

High Court

The Judge erred in imposing a two and a half year disqualification; under ss 52A(1)(a)(ii), 52A(3) and 52A(6) the mandatory disqualifications for failing to stop and reckless driving are cumulative and total 12 months, therefore the 2.5 year order was quashed and replaced with 12 months.
21 Feb 2019

BALLOCH v POLICE [2019] NZHC 227

Citation

[2019] NZHC 227
Court

High Court

The appeal was dismissed except to correct a clerical error: the sentencing Judge did not err in imposing two cumulative 13‑month periods of disqualification (total 26 months) given the separate timing of the offences, the offender's breach history and risk factors; the sentence was not manifestly excessive and leave to appeal out of time was granted for valid reasons.