Tahau v New Zealand Police - [2025] 3 NZLR 1

Criminal law — Sentencing — Excess breath or blood alcohol — Mandatory disqualification period for third or subsequent offence of driving — Discretion “for special reasons relating to the offence” — Whether gap in offending a special reason relating to the offence — Backdating of disqualification period — Land Transport Act 1998 ss 56 and 85.

Criminal practice and procedure — Jurisdiction for sentence appeal by prosecutor — Whether sentence is a “sentence fixed by law” — Mandatory disqualification period for third or subsequent offence of driving with excess breath or blood alcohol — Criminal Procedure Act 2011 ss 212 and 246.

Criminal law — Sentencing — Mandatory disqualification period for third or subsequent offence of driving with excess breath or blood alcohol — Land Transport Act 1998 ss 56 and 81.

Criminal law — Sentence appeal — Whether appropriate for Court to substitute correct sentence on appeal — Original sentence complete before appeal heard — No double publishment in imposing correct sentence.