Dunn v R - [1954] NZLR 1009

Criminal Law — Appeal against Sentence — Appellant charged with causing Death while under Influence of Drink while in Charge of Motor-vehicle — Disagreement of Jury and Stay of Proceedings by Crown — Applicant also charged on Count of Negligent Driving causing Death, and convicted thereon — Sentence of Twelve Months' Imprisonment — Measure of Punishment increased by Regard to Evidence of Intoxicated Condition on Charge on Which Appellant was not found Guilty — Such Increase not permissible — Sentence quashed and Sentence of Six Months' Imprisonment imposed in Lieu thereof.