New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Racing causing injury

  • 10 Apr 2019

    R v COSSEY [2019] NZCA 104

    Citation
    [2019] NZCA 104
    Court
    Court of Appeal

    Although the Court considered the appropriate starting point should have been higher (at least five years) and that home detention would not have been available had the correct starting point and discounts been applied, it declined to substitute a custodial sentence because the respondent had almost completed the substantial non‑custodial sentence, had complied with conditions and shown rehabilitation progress; accordingly the Solicitor‑General's appeal was dismissed and the original sentence was not replaced by imprisonment.

  • 20 Apr 2018

    R v DYLAN COSSEY [2018] NZHC 887

    Citation
    [2018] NZHC 887
    Court
    High Court

    Because the defendant engaged in high-speed racing that was a material but not primary cause of the deaths, and was substantially less culpable than the other driver who overtook and lost control (with alcohol and drugs present), a manslaughter starting point of three years' imprisonment was appropriate; applying a 12‑month global mitigation for youth, remorse and rehabilitation prospects produced a two‑year sentence which, being two years or less, was appropriately served as 12 months' home detention concurrent on all counts, plus 400 hours community work and seven years' driving disqualific…