New Zealand Case Law: Decisions & Judgments

Topic

Reckless driving

Legal area

Court

30 Jun 2023

JOHNSTONE v POLICE [2023] NZHC 1660

Citation

[2023] NZHC 1660
Court

High Court

The offending was at least of moderate-to-high gravity (very high speeds, high intoxication including MDMA, evasion of police, and serious injuries to passengers); the direct and indirect consequences of conviction were speculative and low and not out of proportion to the gravity; therefore a discharge without conviction would not have been available under ss106-107 and no miscarriage of justice arose from any alleged judicial or counsel error; appeal dismissed.
13 Feb 2023

MCGEOGH v NEW ZEALAND POLICE [2023] NZHC 178

Citation

[2023] NZHC 178
Court

High Court

The Court held the overall effective sentence of 28 months' imprisonment was within the available sentencing range and not manifestly excessive: the 27-month starting point for the June unlawful taking was within range given the linked violence and highly dangerous driving; the total uplift of seven months to reflect prior convictions and breach of bail, while at the upper end, was not disproportionate; and a 22% discount for guilty pleas was appropriate given the strength of the Crown case and the amended charges.
11 Oct 2022

R v BOWMAN [2022] NZHC 2622

Citation

[2022] NZHC 2622
Court

High Court

Preventive detention was declined. The Court concluded that although the offender demonstrated an escalating pattern of intimate partner violence and an elevated risk of future offending, factors including absence of prior lengthy imprisonment, equivocal expert assessments, remaining rehabilitative potential, and availability of post-release supervision options meant a lengthy finite sentence would adequately protect the community. The appropriate global finite sentence was 16 years' imprisonment with a minimum period of imprisonment of 8 years, together with a protection order under s123B Se…
14 Dec 2021

WESTALL v R [2021] NZHC 3440

Citation

[2021] NZHC 3440
Court

High Court

The High Court held the sentencing Judge erred in requiring a direct causal link between background (s27) factors and offending but did not err in the quantum of discounts awarded overall; reduction of the guilty plea discount from 20% to 15% was justified by an unreasonable disputed facts hearing stance; the end sentence of two years six months' imprisonment was within range and not manifestly excessive, so the appeal is dismissed.
25 Nov 2021

STENNING v R [2021] NZHC 3177

Citation

[2021] NZHC 3177
Court

High Court

The High Court held the District Court did not err: the uplift for the petrol thefts was stern but within range, the uplift for prior violent convictions was justified because those convictions were not sufficiently historic and the overall sentence of 17 months imprisonment was not manifestly excessive; appeal dismissed.
3 Jun 2021

GEMMELL v NEW ZEALAND POLICE [2021] NZHC 1292

Citation

[2021] NZHC 1292
Court

High Court

Leave to appeal out of time was granted. The High Court held the starting point adopted by the District Court for the theft and unlawful possession of two Glock pistols was not manifestly excessive given unique aggravating features, notably that the firearms were taken from police officers acting in the course of duty, were loaded and one was sold to a third party. Uplifts for unlawful taking of the police vehicle, reckless driving and prior offending were appropriate, discounts for personal factors and guilty plea were not disturbed, and the overall sentence was within the available range. T…
6 Nov 2020

GRAY v R [2020] NZCA 548

Citation

[2020] NZCA 548
Court

Court of Appeal

The two and a half year driving disqualification was unlawful because statutory minimum disqualifications required six months for failing to stop and at least six months for reckless driving that must be made cumulative under s 52A(6), producing a 12 month disqualification; the appellate court quashed the 2.5 year disqualification and substituted 12 months.
3 Nov 2020

MANGA v POLICE [2020] NZHC 2882

Citation

[2020] NZHC 2882
Court

High Court

The Judge erred in imposing a two and a half year disqualification; under ss 52A(1)(a)(ii), 52A(3) and 52A(6) the mandatory disqualifications for failing to stop and reckless driving are cumulative and total 12 months, therefore the 2.5 year order was quashed and replaced with 12 months.
7 Sept 2020

R v STRICKLAND [2020] NZHC 2314

Citation

[2020] NZHC 2314
Court

High Court

Adopt a global starting point reflecting high culpability for manslaughter caused by deliberate, persistent, high‑risk driving while intoxicated and on bail: starting point fixed at 10 years for core offending increased by one year for linked receiving and burglary (11 years). Apply one year uplift for prior convictions and offending while on bail; allow mitigation of one year for youth and disadvantaged upbringing and a 15% (20 months) reduction for guilty plea given disputed facts hearing; result: sentence of nine years and four months' imprisonment on manslaughter, other counts concurrent;…
15 Jul 2020

RIDDLE v NEW ZEALAND POLICE [2020] NZHC 1706

Citation

[2020] NZHC 1706
Court

High Court

The Court held the original cumulative starting points and uplift produced a manifestly excessive sentence; it reduced cumulative starting points, upheld a constrained uplift as justified by recent release and risk to public safety, quashed and substituted the sentences for the breach of release conditions to concurrent terms of seven and a half months and fixed the final aggregate sentence at ten months and two weeks.