New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Special reasons under land transport act

  • 15 Mar 2022

    MATETE v POLICE [2022] NZHC 441

    Citation
    [2022] NZHC 441
    Court
    High Court

    No miscarriage of justice in declining discharge without conviction; no special reasons relating to the offence under s81 existed; s94 did not apply because appellant had no prior disqualification; the 12 month disqualification was manifestly excessive and was reduced to the six month mandatory minimum.

    • Discharge without conviction
    • Mandatory driver disqualification
    • Sentencing discretion
    • Special reasons under land transport act

  • 13 Sept 2018

    ANDERSON v POLICE [2018] NZHC 2408

    Citation
    [2018] NZHC 2408
    Court
    High Court

    The High Court held the District Court properly assessed credible corroborative evidence from independent witness Atkinson and passenger Little to prove dangerous driving beyond reasonable doubt; absence of Quantock as a witness did not create a real risk of miscarriage of justice; no 'special reasons' existed to displace the mandatory six month disqualification so sentence stands.

    • Dangerous driving
    • Appeal against conviction
    • Unfair trial/prosecution conduct
    • Driver disqualification
    • Special reasons under land transport act