New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sustained loss of traction

Legal area

Court

2 Mar 2021

STANSBURY v POLICE [2021] NZHC 346

Citation

[2021] NZHC 346
Court

High Court

The High Court found the sentencing Judge erred by wholly disregarding the appellant's s 27 cultural report and by concluding there was no persuasive evidence of remorse; however those errors did not materially affect the final outcome because the Judge's arithmetic/totality adjustments reduced the effective sentence. The appeal was dismissed and the 22 month sentence (as imposed) was upheld.
16 Sept 2020

KARAURIA v NEW ZEALAND POLICE [2020] NZHC 2413

Citation

[2020] NZHC 2413
Court

High Court

The High Court held the trial Judge did not err: the independent eyewitness evidence was reliable, admissions by the appellant corroborated the careless nature of his driving, the mens rea for sustained loss of traction was not established so amendment to careless use was appropriate, and careless driving was proven beyond reasonable doubt; therefore the conviction was upheld and the appeal dismissed.