Published 12 July 2021
Application for limited licence — disqualified driver — dangerous driving causing death — extreme hardship — Land Transport Act 1998, s 105(2)(b) — McNally v Police HC Rotorua AP 61-90, 11 October 1990 — Lowe v Police (1988) 3 CRNZ 199. This was an application for a limited driver's licence. The defendant had been convicted of dangerous driving causing death and had been disqualified from driving for 18 months in addition to being sentenced to six months' community detention and ordered to pay reparation. The basis for the application was extreme hardship: the defendant's employer had given evidence that he would be unable to maintain the defendant's employment if the defendant was unable to legally drive. The prosecution opposed the application on the basis of public safety. The Judge considered similar cases where limited licences had been granted. The defendant's situation met the extreme hardship threshold. The Judge considered the features of the defendant's offending: there were no aggravating features and the defendant had no previous convictions for driving offences or other offending, and no licence demerit points. While outraged feelings of family members of the deceased may be understandable, the focus in such an application was on the future employment opportunities of the defendant. The Judge granted the application. Judgment Date: 23 February 2021.
This website explains many of the things you might want to know if you are coming to the Youth Court, or just wondering how the Youth Court works.
Visit website›Ministry of Justice website with information on family issues including about going to court, forms and other times when you may need help.
Visit website›For information about courts and tribunals, including going to court, finding a court & collection of fines and reparation.
Visit website›On this site you will find information about our Supreme Court, Court of Appeal and High Court including recent decisions, daily lists and news.
Visit website›