Published 05 September 2019
Sentencing — drunk driving causing death — zero-alcohol licence — receiving stolen goods — Land Transport Act 1998, ss 56, 61 & 65 — driving disqualification — Walker v R [2016] NZHC 1963. The defendant appeared for sentence having pleaded guilty to charges relating to driving with excess breath alcohol causing death and recklessly receiving stolen goods, namely beehives valued at $8,000. The defendant, while on a zero-alcohol licence was driving a flat deck truck on the open road. The victim was on the back of the vehicle when the defendant took a turn causing the victim to slide off and hit her head, causing death. The defendant had 600 micrograms of alcohol per litre of breath. The Judge, having considered case law, adopted a starting point of four years and two months' imprisonment, with an uplift of 10 months for the defendant's prior excess breath alcohol convictions. The Judge also uplifted four months (adjusted on the totality basis) for the receiving charge, before granting discounts for engaging restorative justice and remorse, and his guilty pleas. The end sentence was three years and nine months' imprisonment with a driving disqualification of six years and an alcohol interlock order. Judgment Date: 29 March 2019.
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