Sentencing — driving with excess breath alcohol causing injury — dangerous driving — failing to stop or ascertain injury or death after a crash — giving a false statement — no guiding tariff — home detention — R v Fallowfield [1996] 3 NZLR 657 — R v Boswell (1984) 79 Crim App R 277 — R v Skerrett CA236/86, 9 December 1986. The defendant appeared for sentencing in relation to one charge each of driving with excess breath alcohol causing injury, dangerous driving, failing to stop or ascertain injury or death after a crash and giving a false statement. The defendant drove dangerously while under the influence of alcohol with her children in the car, struck the victim's bicycle after veering into oncoming traffic and drove on without stopping. She then drove past the accident scene again. The victim suffered partial blindness, could no longer talk or control his behaviour and was highly suicidal. When the police found the defendant, instead of taking responsibility she invented a story of home invasion and sexual violation which she stuck with for five months. There was no guiding tariff in sentencing the offending. The Judge noted sentencing principles including upon the need to hold the defendant accountable, to denounce the conduct and to deter both the defendant and others from offending in this manner. Also relevant was the responsibility to impose the least restrictive penalty in the hierarchy of sentences available. Aggravating features of the offending were the high level of intoxication, level of danger, severe harm caused to the victim and the defendant's subsequent conduct. There were no mitigating features, although the defendant had offered reparation of $5000, paid at a rate of $50 per fortnight. A starting point of 33 months' imprisonment was adopted. This was uplifted to 43 months to account for the defendant's false allegations, driving dangerously with children in the car and failure to stop twice. A six month reduction was given to account for the defendant's mental and personal issues. A 25 percent discount was given for the defendant's early guilty plea as well as a further 2 and half months for her remorse. The end sentence was 23 months' imprisonment. As this sentence fell under 24 months the defendant was eligible for home detention. By a narrow margin the Judge decided a sentence of home detention was appropriate. The defendant was sentenced to 10 months' home detention and 250 hours of community service. Judgment Date: 29 November 2018.