29 Jun 2022
R v FLEMING [2022] NZHC 1517
- Citation
- [2022] NZHC 1517
- Court
- High Court
The Court set a starting point of 5.5 years (66 months) based on the combination of multiple fatalities, a dangerously loaded vehicle with weight imbalance, significant alcohol consumption inferred from pre-driving conduct and post-event sample, deliberate breach of a three-day-old restricted licence, and excessive speed while negotiating a give-way intersection. The starting point was reduced by combined discounts totalling 55% (25% guilty plea, 15% youth and cognitive impairment, 10% remorse, 5% good character = 36 months) producing an effective sentence of 30 months (2 years 6 months) impr…