12 Sept 2018
TIMBRELL v NEW ZEALAND POLICE [2018] NZHC 2397
- Citation
- [2018] NZHC 2397
- Court
- High Court
Section 94 has a broad application and is not limited to habitual recidivists; where an offender has a prior disqualification and the statutory criteria are satisfied (including significant employment/financial hardship and lack of recent reoffending indicating lower risk), the court may order a community-based sentence instead of the mandatory disqualification. The High Court allowed the appeal, quashed the disqualification and remitted for re-sentencing under s 94.