7 Jul 2021
GUDSELL v NEW ZEALAND POLICE [2021] NZHC 1684
- Citation
- [2021] NZHC 1684
- Court
- High Court
Leave for the second appeal was granted because the 80 hour community work sentence was wrong in principle and manifestly excessive: the sentencing courts failed to apply the Sentencing Act's purposes, hierarchy and requirement to regard a fine as appropriate (ss7,8,10A,13), and for a second low-to-moderate seriousness drink-driving offence without aggravating features a fine plus appropriate disqualification is the normal outcome; accordingly the community work was quashed and replaced with a fine, while the seven month disqualification was within range and upheld.