Ministry of Transport v Graham - [1990] 3 NZLR 249

Transport and transport licensing — Penalty — Driving with excess blood alcohol — Sentencing principles — Use of guidelines — Second offender for driving with excess blood alcohol appealed against fine and disqualification on grounds that they exceeded the general level of penalties imposed in the District Court for that type of offence — Whether it was proper for District Court Judges to use guidelines for that type of offending — Whether on appeal the mere fact that sentence was out of line with other cases was the only criterion — Whether the sentence was excessive — Sentencing principles in such cases discussed — Transport Act 1962, ss 30AB and 58.