DUI- Prison

Dangerous Driving & Drugs

dui

The following is an excerpt from a case where a Judge sentenced a man to jail for a number of criminal charges including traffic offences for dangerous driving and drugs.

“Your background of when you were growing up as a young person is really sad. You did not have the best chances in the world at all and you were introduced to drugs at a very young age and you had a lot of deprivation and, unfortunately, that is not unusual for a lot of young Māori men that we see. There is a lot of work that needs to be done to help you, to address some of those trust issues and to address some of those paranoid issues that you have in terms of trust. So, I need to recognise that in terms of a discount.So, I am going to reduce the sentence by 15 percent to take account of that. The other discount I need to consider is how much credit can I give you for the plea.

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The other discount I need to consider is how much credit can I give you for the plea of guilty. 

I accept what Ms Norman has said that it did not come at the first opportunity, but I appreciate that by pleading guilty you did save [victim 1]the ordeal of having to come to Court. She was willing to come to Court but having not to go through a trial process is significant. In addition, I remember when I spoke with you, you were hesitant about entering pleas. You wanted to be reassured that what you were doing was the right thing and you needed some time, and that is most probably indicative of the way that you have been thinking more recently, particularly in relation to lack of trust and paranoid issues.

So, although I will not give you 25 percent credit, I will give you 20 percent, which recognises the saving to [victim 1]. So that reduces that five and a half year sentence down to three years nine months’ imprisonment. 

Now, in addition,I have to disqualify you for the driving offending because it was serious although you do not face a charge of dangerous driving causing injury. I think given the fact that you were on methamphetamine and the dangerous driving charge I am going to impose 12 months’ disqualification. 

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Now, to protect [victim 1], I am going to impose a protection order and you will be served with a notice of that. So that means that you cannot contact her.

So, the end sentence is three years nine months’ imprisonment. As I have said, I am going to send a copy of that alcohol and drug addiction report to the prison because one of the issues is what would occur for you on release. And if you do really well within the prison, and I would urge you to consider the STURP programme because Corrections have recommended that, if you do well there it may well be that you could be released to a fully residential programme, such as Moana House, as long as they are willing to take you.”  J A Farish District Court Judge

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