New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Vehicular manslaughter

Legal area

Court

3 Sept 2020

R v MAKOARE [2020] NZHC 2289

Citation

[2020] NZHC 2289
Court

High Court

Adopted a collective starting point of seven years' imprisonment based on impairment by methamphetamine, extreme/aggressive overtaking on a blind corner with known unrestrained infant and significant additional injuries; applied a 20% global discount for cultural background, addiction and rehabilitation potential, 5% for remorse and 25% for an early guilty plea, resulting in an end sentence of three years six months' imprisonment; declined to impose a minimum period of imprisonment and ordered driving disqualification of four years six months.
21 Feb 2020

R v NIANIA [2020] NZHC 241

Citation

[2020] NZHC 241
Court

High Court

Starting point of eight years imprisonment for the aggregate offending was appropriate given the aggravated circumstances; after discounts of 15% for personal mitigation, 5% for remorse and 20% for guilty plea the global sentence is five years and one month imprisonment to be served concurrently on manslaughter, kidnapping and possession for supply, with a driving disqualification of three years six months post release (and a six month disqualification on the driving-while-disqualified charge commencing on release).