B v Police HC Auckland CRI 2008-404-186
[2008] NZHC 1042
•4 July 2008
This case has been anonymized
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI 2008-404-0186
BETWEEN B
Appellant
ANDNEW ZEALAND POLICE Respondent
Hearing: 4 July 2008
Appearances: Zahir Mohamed for Appellant
Anna Bradley for Respondent
Judgment: 4 July 2008
JUDGMENT OF HARRISON J
SOLICITORS
Zahir Mohamed (Auckland) for Appellant
Meredith Connell (Auckland) for Respondent
B V POLICE HC AK CRI 2008-404-0186 4 July 2008
[1] Mr B was convicted in the District Court at Manukau on 19 June
2008 on one charge of driving with excess blood alcohol. He has appealed that conviction. He is represented by Mr Zahir Mohamed who has considerable experience and expertise in this field.
[2] Following conviction Mr B was fined $750 and disqualified from driving for seven months from 19 June 2008. On his behalf Mr Mohamed sought an order in the District Court deferring the operation of the disqualification order pending determination of Mr B ’s appeal against conviction. The application was denied on the papers by Judge Harvey on 20 June 2008. No reasons were given. Mr B appeals that decision today.
[3] Ms Anna Bradley for the Crown responsibly accepts that Mr B ’s appeal against the District Court’s refusal to stay the sentence must be allowed. The weight of authority is overwhelming to that effect: s 107 Land Transport Act 1998; Heaslip v MOT HC AK AP193/91 13 September 1991; Gregory-Hunt v Police HC AK CRI 2004-404-36 16 March 2004. The reason is obvious. Mr B will be denied the fruits if his appeal is successful. His appeal right will be rendered nugatory. This is not a case where the appeal is brought in bad faith or raises spurious points of law. The deferment should have been granted.
[4] Accordingly Mr B ’s appeal against the District Court’s refusal on
20 June 2008 to defer his sentence of disqualification and a fine is allowed and
Mr B is permitted to drive until determination of his appeal in this Court.
Rhys Harrison J
0
0
0