New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Driving while forbidden

Legal area

Court

10 Nov 2021

TOWLER v POLICE [2021] NZHC 3010

Citation

[2021] NZHC 3010
Court

High Court

The High Court held the overall sentence was not manifestly excessive: the starting points and uplifts were open to the sentencing Judge given the value and circumstances of the stolen vehicle, representative nature of the document alterations, aggravating factors including offending while on community work and poor compliance with EM/bail, and a 25% guilty plea discount had been applied; there was no evidential basis for an addiction discount and home detention was inappropriate given the risk and compliance history, so the appeal was dismissed.
25 Sept 2020

LARSEN v THE NEW ZEALAND POLICE [2020] NZHC 2520

Citation

[2020] NZHC 2520
Court

High Court

The High Court held the convictions should stand because police evidence established identity and the elements of driving while forbidden and assault beyond reasonable doubt and the trial properly proceeded in the appellant's absence under ss 122 and 124; however the six-month driving disqualification was quashed because the District Court gave no statutory basis under s 80 of the Land Transport Act to impose disqualification for an offence under s 52(1)(c); the transcript request was refused for non-compliance with the Senior Courts Rules and because disclosure was not necessary for fair tri…