New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Drug consumption
  • 1 Jun 2017

    RICHARDS v R [2017] NZCA 232

    Citation
    [2017] NZCA 232
    Court
    Court of Appeal

    The Court dismissed the appeal: although the THC finding should not have been treated as an aggravating factor given uncertainty about intoxication, the aggregate of other aggravating features (ignored passenger warnings, prolonged deliberate reckless driving including wrong-way driving and failure to give way, overloading, breach of licence, prior driving history, injuries and theft to avoid detection) justified a high culpability starting point of five years; after applying discounts for youth and guilty pleas the imposed sentence of three years and three months was within the available ran…