9 Nov 2021
GEMMELL v NEW ZEALAND POLICE [2021] NZHC 3018
- Citation
- [2021] NZHC 3018
- Court
- High Court
The High Court held that evidence the offender drank only after driving is a relevant mitigating factor and, where not disputed by the prosecutor under s24, must be taken into account; however the weight to be given to such evidence is discretionary for the sentencing Judge. Because the Judge expressly considered the mitigating evidence, relied on the broader sentencing range and the applicant's serious prior offending, and the resulting sentence lay within the appropriate range, there was no material error warranting substitution of sentence and the appeal was dismissed.