New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Retrospectivity of sentencing
  • 10 Dec 2018

    PERRY v POLICE [2018] NZHC 3246

    Citation
    [2018] NZHC 3246
    Court
    High Court

    Section 6 of the Sentencing Act entitled the offender to the lesser penalty under the amended regime; therefore the District Court erred in law by imposing mandatory disqualifications under s 56(4) for offences committed before 1 July 2018 where an alcohol interlock sentence applied; the alcohol interlock sentence remains mandatory, and on rehearing the discretionary disqualifications for the two s 32 zero alcohol breaches were not required given the offender's rehabilitative steps and the interlock/licence regime, so those disqualifications were quashed.