Sentencing — careless driving — refusing to accompany an enforcement officer — Sentencing Act 2002, ss 106 & 107 — Z (CA447/12) v R [2012] NZCA 599. The defendant was for sentence on charges of careless driving and refusing to accompany an enforcement officer. While driving, she had collided with a car parked on the side of the road. Nobody was injured, but both vehicles were damaged. Subsequently, the defendant was required to accompany an officer to do an evidential breath test; she refused to do so until she spoke to a lawyer. When the breath test was completed, it revealed that the defendant had been driving with excess breath alcohol. At sentencing, the defendant sought a discharge without conviction. However the Court declined the application, finding that the consequences of a conviction would not be out of proportion to the gravity of the offending. The defendant was convicted, fined $300 and ordered to pay reparations of $5296 to the owner of the other vehicle that was damaged in the crash. Judgment Date: 22 May 2024