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R v Stringfellow [2022] NZDC 9157

Published 31 January 2023

Sentencing — drink driving causing injury — driving while disqualified — breach of intensive supervision — Sentencing Act 2002, ss 7, 8 & 86 — Parole Act 2002, s 84(1) — Hessell v R [2010] NZSC 135, [2011] 1 NZLR 607 — Capstick v Police [2020] NZHC 714 — Kapa v Police [2017] NZHC 1748 — Shetty v Police [2020] NZHC 438 — Police v Caitlin [2017] NZDC 12468. A defendant was to be sentenced on charges of drink driving causing injury, driving while disqualified and breach of intensive supervision. He had crashed his car into another vehicle, causing serious and permanent injuries to one of the occupants. The defendant had been driving at approximately 76 kilometers an hour in a 50 zone, was on the wrong side of the road, and had a breath alcohol level of 217 mcg per 100 mls of breath. He had numerous prior convictions for drink driving and driving while disqualified, and at the time of offending had been under intensive supervision that barred him from drinking alcohol at all. Given the severity of the offending and the defendant's high culpability, the Court set a start point for sentence of three years six months' imprisonment, uplifted by 12 months for repeat offending and another six months for the driving while disqualified charge. In mitigation the defendant had pleaded guilty and shown remorse and willingness to attend restorative justice. The final sentence was three years nine months' imprisonment, with a minimum period of two years' imprisonment. The defendant was also disqualified from driving for five years. Judgment Date: 18 May 2022.