Ngaamo v Ministry of Transport - [1987] 1 NZLR 170

Transport and transport licensing — Autrefois convict — Accused's car collided with another killing two people — He pleaded guilty to a charge of causing death by careless use of a motor vehicle — He was later charged with causing death while driving with excess blood alcohol — Whether charge of causing death was substantially the same as the careless use charge with the addition of circumstances of aggravation — Whether plea of autrefois convict had been properly rejected Transport Act 1962, ss 55 and 56 — Crimes Act 1961, s 359(l).

Transport and transport licensing — Breath and blood alcohol prosecutions — Evidence — Ministry of Transport breath-testing checklist — Admissibility — Whether checklist was admissible as a "business record" under s 3(1)(b)(iii) where the witness, who had prepared the record, had an imperfect recollection of the events — Whether checklist was admissible as evidence of compliance with required breath-testing procedures — Evidence Amendment Act (No 2) 1980, ss 3(1)(b)(iii) and 4.

Transport and transport licensing — Penalty — Causing death while driving with excess blood alcohol — Statute provided a maximum sentence of five years imprisonment — Maximum sentence District Court Judge empowered to impose summarily was three years — Case not the worst of its type but District Court Judge exercising summary jurisdiction sentenced defendant to three years imprisonment — Whether sentence should be reduced.