New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Section 94 land transport act (substitution)
  • 17 Nov 2022

    STAIGER v NEW ZEALAND POLICE [2022] NZHC 3012

    Citation
    [2022] NZHC 3012
    Court
    High Court

    The appeal was allowed in part because the District Court erred by not accounting for the 4.75 hours of community work already completed when imposing a substitute sentence under s68(4); the substituted sentence was amended to 95.25 hours community work. Otherwise there was no material error: the 100-hour substitute sentence was within the available range, the Judge had considered the reports and tailored concurrent community-based interventions, and declining the s94 application was within discretion given the appellant's failure to complete prior community work.

    • Community work
    • Intensive supervision
    • Resentencing under s68 sentencing act
    • Section 94 land transport act (substitution)
    • Breach of community work
    • Driving whilst disqualified