Anngow v Police - [2021] NZHC 128

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CRI-2020-412-000044

[2021] NZHC 128

BETWEEN
NICOLA MARY ANNGOW

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 2 February 2021

Appearances:

J Lucas for Appellant

P A Norman for Respondent

Judgment:

10 February 2021

JUDGMENT OF DOOGUE J

Introduction

[1] On 15 October 2020 the Appellant Ms Anngow pleaded guilty to three charges of driving whilst her licence was suspended, third or subsequent1, and one charge of failing to stop for red or blue flashing lights.2

[2] Judge Turner sentenced Ms Anngow to 11 months’ imprisonment and disqualified her from holding or obtaining a motor vehicle drivers licence for a total of one year and six months.3

1 Land Transport Act 1998, ss 32(1)(c) and 32(4).
2 Sections 52A(1)(a)(ii), 52A(3), 52A(6) and 114(2).
3 Police v Anngow [2020] NZDC 21151.

ANNGOW v NEW ZEALAND POLICE [2021] NZHC 128 [10 February 2021]

[3] Ms Anngow’s notice of appeal was filed out of time. No opposition was raised to the appeal on that ground. In the circumstances of this case I am satisfied that leave to appeal out of time should be granted.

[4] Ms Anngow appeals the Judge’s sentence on the grounds that the sentence is manifestly excessive.

Circumstances of the offending

[5] On 17 April 2014 Ms Anngow was convicted and sentenced for driving while disqualified third or subsequent. In February 2020, her licence was suspended as a result of receiving excess demerit points. That suspension ended on 23 May 2020.

[6] On 26 March 2020, Ms Anngow was driving in Timaru, bound for Dunedin, when she was stopped by police.

[7] On 7 April 2020, Ms Anngow was again caught driving, this time in Mosgiel. As she exited a petrol station, police activated their lights and siren. Instead of stopping she accelerated hard away from the petrol station.

District Court Judge’s Decision

[8] Judge Turner began by setting out the charges and the sentencing options available. He considered Ms Anngow’s previous convictions, noting that she had had four prior convictions for driving while suspended or disqualified4 and had breached court sentences on six previous occasions.5

[9] Next, the Judge considered the pre-sentence reports. He noted Ms Anngow’s chaotic lifestyle and that she would not consent to home detention. He referred to the report writers who questioned Ms Anngow’s ability to comply with a lesser sentence like community detention.

4 Police v Anngow at [10].
5 Police v Anngow at [11] and [12].

[10] The Judge acknowledged Ms Anngow’s personal circumstances, including solo parenting a 16-year-old child, her accommodation difficulties and the amount of her outstanding fines ($8,790.96) for which no payments had been received for over a year.6

[11]The Judge then addressed the “gravity” of the offending, specifically stating:

[22] … In my view this was a deliberate and persistent flouting of the notice suspending your licence. It had been served on you in February of this year. A month later you chose to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Anngow v Police and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2021] NZHC 128
Decision Date: 10 February 2021

CaseChat Overview and Summary

Nicola Anngow was convicted in the District Court of driving while her licence was suspended and failing to stop for red or blue flashing lights. She was sentenced to 11 months’ imprisonment and disqualified from holding or obtaining a motor vehicle driver's licence for one year and six months. Anngow appeals the sentence, arguing it is manifestly excessive. The appeal was filed out of time, but leave to appeal was granted. The High Court considered whether a sentence of imprisonment was the least restrictive outcome, taking into account the principles of the Sentencing Act and the hierarchy of sentences. It was determined that, given the persistent and deliberate nature of Anngow's offending, a custodial sentence was appropriate. The sentence imposed by the District Court Judge was well within the range available to him and was not manifestly excessive. The appeal is dismissed.

Orders