IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY
I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE
CRI-2023-441-9
[2023] NZHC 1933
BETWEEN ZAHAN ARAMOANA
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 11 July 2023 Appearances:
S B W Yee for the Appellant
A V Bryant for the Respondent
Judgment:
21 July 2023
JUDGMENT OF PALMER J
Counsel/Solicitors
Elvidge & Partners, Napier
S B W Yee, Barrister, Hastings
ARAMOANA v NEW ZEALAND POLICE [2023] NZHC 1933 [21 July 2023]
What happened?
[1] Around 6.40 am on 21 March 2022, Mr Zahan Aramoana, then aged 25, was driving a friend home in Napier, contrary to his learner’s licence. He lost control of the vehicle, crashing into another vehicle coming the other way. He was driving with 792 micrograms of alcohol per litre of breath. The victim in the other car suffered injuries to her right arm and suffered emotionally and financially from the crash. Mr Aramoana was originally charged with drink-driving causing injury, aggravated driving with excess breath alcohol, and driving contrary to an interlock licence. On 2 November 2022, as the result of plea negotiations, the interlock charge was withdrawn and the drink-driving causing injury charge was replaced by a charge of aggravated careless driving causing injury. The charges of aggravated careless driving causing injury and aggravated driving with excess breath alcohol are subject to maximum penalties of three years and two years’ imprisonment respectively.1
[2] While on bail for those charges, at around 10.30 pm on 23 December 2022, the staff at the Sideline Bar in Napier complained to the Police that Mr Aramoana appeared extremely intoxicated and was trying to drive. The staff had taken Mr Aramoana’s keys off him and when the Police arrived, he was trying to hotwire the vehicle. Breath testing indicated Mr Aramoana had 1,235 micrograms of alcohol per litre of breath (almost five times the usual legal limit). Mr Aramoana was charged with attempting aggravated driving with excess breath alcohol and driving contrary to an alcohol interlock. The maximum penalties for those offences are two years and two years’ imprisonment respectively.2
[3] In May 2017, Mr Aramoana had been convicted of driving with excess blood alcohol of 234 milligrams of alcohol per 1,000 millilitres of blood. He was ordered to make reparation of $2,500. In January 2021, Mr Aramoana had been convicted of driving with a breath alcohol level of 711 micrograms of alcohol per litre of breath. He was ordered to pay a $600 fine and $130 in costs, was disqualified from driving for 28 days, and was given an alcohol interlock licence. Mr Aramoana has also been convicted twice of driving whilst suspended.
1 Land Transport Act 1998 ss 39, 56(1) and 56(4).
2 Sections 32(1)(b), 32(4), 56(1) and 56(4).
[4] Aramoana pleaded guilty to the resulting four charges for the March and December 2022 offending. The Department of Corrections’ advice to the Court assessed Mr Aramoana as being at moderate risk of re-offending with the potential to cause serious harm, which…
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- Case
- [2023] NZHC 1933
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CaseChat Overview and Summary
This case highlights the importance of correctly identifying the lead offence and imposing appropriate uplifts when sentencing for multiple offences. It also demonstrates the importance of considering the totality of the offending and ensuring that the sentence imposed is within the available range. The case also highlights the importance of considering the impact of imprisonment on the offender's family and the potential benefits of home detention in allowing the offender to engage in treatment programmes and contribute to their family's welfare.
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