IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY
I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE
CRI-2019-441-000039
[2019] NZHC 3374
BETWEEN MOSES ARAIA
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 17 December 2019 Counsel:
W Hawkins for the Appellant C R Stuart for the Respondent
Judgment:
17 December 2019
JUDGMENT OF DOOGUE J
Introduction
[1] The appellant, Moses Araia, appeals against a sentence of seven months’ disqualification imposed1 by a Community Magistrate in the District Court at Hastings on 18 September 20192 for the following charges:
(a)driving while suspended;3 and
(b)driving in excess of the speed limit.4
1 A fine of $500 was also imposed.
2 Police v Araia DC Hastings CRI-2019-020-00065, 18 September 2019.
3 Land Transport Act 1998, s 32(1)(c); maximum penalty is three months’ imprisonment or a fine not exceeding $4,500, and disqualification from holding or obtaining a driver licence for at least six months.
4 Section 40; Land Transport (Offences and Penalties) Regulations, regs 3 and 4; and Land Transport (Road User) Rule 2004, r 5.1(1); maximum penalty is a fine not exceeding $1,000.
ARAIA v NEW ZEALAND POLICE [2019] NZHC 3374 [17 December 2019]
[2] A first appeal was filed in the District Court at Hastings. That appeal was not opposed by the Police. However, on 14 November 2019, the appeal was dismissed by Judge A J Adeane.5
[3] Mr Araia now appeals Judge Adeane’s decision, leave having been granted by Simon France J on 26 November 2019.
Approach on appeal
[4] Mr Araia appeals his sentence under s 253 of the Criminal Procedure Act 2011. That provision outlines the process for second appeals, though the principles are the same as for first appeals.
[5] The Court must allow Mr Araia’s sentence appeal if satisfied that, for any reason, there is an error in the sentence imposed on conviction and that a different sentence should be imposed.6
[6] A sentence appeal is an appeal against a discretion and only if the sentence is manifestly excessive or contains an error in principle should the appellate court re- exercise the discretion. An error of principle includes an error of fact or law, failing to take into account a relevant consideration, or if the decision was plainly wrong.7 The focus is on the final sentence and whether that was in the available range, rather than the exact process by which it was reached.8
Background
[7] On 13 December 2018, Mr Araia was suspended from driving any motor vehicle for a period of three months due to having excess demerit points.
[8] At about 10:20 a.m. on Saturday, 23 February 2019, Mr Araia was driving along Takapu Road, Hastings. He made a sudden sharp turn into his home address on that road which caught the attention of an on-duty police officer.
5 Police v Araia DC Hastings CRI-2019-020-003122, 14 November 2019.
6 Criminal Procedure Act 2011, s 256(2).
7 Tutakangahau v R [2014] NZCA 279, [2014] 3 NZLR 481 at [30]-[35].
8 Ripia v…
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