New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Indeterminate sentence

Legal area

Court

10 Jun 2021

COOKE v POLICE [2021] NZHC 1364

Citation

[2021] NZHC 1364
Court

High Court

The Judge erred in imposing a finite three year disqualification for the excess blood alcohol offence because s65 of the Land Transport Act 1998 mandated an indeterminate alcohol interlock sentence and the related ss require disqualification until the Director removes it under s100; accordingly the three year disqualification for that charge was quashed and replaced with the s65 regime. Separately, when calculating disqualification for the alcohol interlock breach and careless driving the court must exclude the s65 drink driving charge from the totality calculation; on that basis a two year d…
26 Mar 2018

BROUGHTON v R [2018] NZCA 70

Citation

[2018] NZCA 70
Court

Court of Appeal

The two-year MPI for aggravated robbery was unlawful to the extent it was ordered cumulative on the existing indeterminate life sentence; because the Court was equally well placed to re-sentence on the admitted facts and the Crown did not seek to alter the finite seven-year term, the proper remedy was to quash the unlawful MPI and substitute a seven-year sentence to be served concurrently with existing sentences.