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New Zealand Police v S (DC Auckland, CRI 2009-004-004522, 8 July 2009)

  • A section 94 application was granted in respect of a 22-year-old man on his eleventh conviction for Driving while Disqualified 3rd or Subsequent Offence.  In 2007 he had been sentenced to imprisonment for Driving while Disqualified.  He had no convictions for drink driving or for driving fault offences.  He had originally been suspended for driving for excess demerit points for carrying a passenger when he was at school in 2005 and then drove while suspended and then continued to drive in breach of Court Orders obtaining 10 convictions for Driving while Disqualified between 2005 and 2007.  His disqualification was due to end in November 2009. 

  • Mr S had driven a vehicle while disqualified on the day of the offence to seek a compliance test at the AA Station so that the vehicle could be sold.  He was of Samoan nationality and had family support.  Mr S lived in a de facto relationship, had young children and worked as a drycleaner.  The Pre-Sentence Report recommended imprisonment.  The application under section 94 was granted to give the defendant an opportunity to get off the cycle of offending and he was sentenced to 200 hours of Community Work.

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