New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Driving while disqualified/suspended

Legal area

Court

7 May 2019

CLARK v NEW ZEALAND POLICE [2019] NZHC 984

Citation

[2019] NZHC 984
Court

High Court

The appeal is dismissed because, even if the sentencing Judge's construction of the starting point and uplifts could be criticised, the final sentence of 20 months' imprisonment (with a two and a half year disqualification) was within the range of reasonable sentencing options for a recidivist driver with thirteen convictions; the court must assess the final sentence's proportionality rather than quibble with the exact route taken, and there was no manifest excess in the end sentence.
27 Jun 2017

YAN v NZ POLICE [2017] NZHC 1435

Citation

[2017] NZHC 1435
Court

High Court

The High Court concluded the District Court's starting point of 20 months' imprisonment was within the appropriate range applying established authority on multiple driving while disqualified offences and applicable uplifts for associated drug and impairment offending and prior convictions; the 20% approximate guilty plea discount resulting in a 16 month sentence was properly applied, therefore there was no error warranting interference and the appeal is dismissed.