New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Proportionality under s107 sentencing act

Legal area

Court

21 Oct 2020

FANG v NEW ZEALAND POLICE [2020] NZHC 2761

Citation

[2020] NZHC 2761
Court

High Court

The High Court found the offending was a relatively serious departure from the standard of care by a professional driver (speeding with a large bus and trailer carrying 22 passengers) rather than mere momentary inattention; although deportation was likely if conviction stood, that consequence was not out of all proportion to the gravity of the offending and thus a discharge without conviction was not warranted; the fresh affidavit concerning immigration consequences was admitted but did not change the outcome.
19 Mar 2020

ROWLINGS v NEW ZEALAND POLICE [2020] NZHC 564

Citation

[2020] NZHC 564
Court

High Court

The High Court upheld the District Court's refusal to grant a discharge without conviction because the refusal to provide a blood specimen carried heightened gravity due to public safety and case-specific aggravating features, and the appellant failed to show that the real and appreciable consequences of conviction (including potential impact on aviation employment) were disproportionate to that gravity under s107 Sentencing Act 2002.