C v Police CRI 2009-483-48 HC Wanganui

[2010] NZHC 1001

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND WANGANUI REGISTRY

CRI 2009-483-48

BETWEEN  C

Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         30 March 2010

Counsel:         No appearance of Appellant

J M Woodwock for Respondent

Judgment:      30 March 2010

ORAL JUDGMENT OF MILLER J

[1]      Mr C   has appealed against a disqualification of two months imposed on 3

November 2009 for driving on a learner’s licence unaccompanied and driving on a learner’s  licence  without  displaying  an  L  plate,  contrary  to  s  31  of  the  Land Transport Act 1998 and the Land Transport (Driver Licensing) Rules 1999.  Section

80 of the Act permits disqualification for such period as the Court thinks fit.

[2]      Mr C   did has not filed submissions and did not appear today but asserts in his notice of appeal that he was already disqualified for three months due to the same breaches  of  his  licence  and  he  should  not  be  further  disqualified  for  the  same offence.

[3]      It  appears  that  this  submission  refers  to  a  previous  suspension  of  three months for exceeding demerit points;  he was suspended from 28 July to 27 October

2008.   The present infringement is for a later and specific offence, or rather two offences which occurred on 27 May 2009.  Accordingly there is no substance to this

submission.

C V NEW ZEALAND POLICE HC WANG CRI 2009-483-48  30 March 2010

[4]      Mr C   also argued that his disqualification is unfair as a baby will soon be born to his partner.  However, he has a remarkable history of breaching the terms of his learner licence;   there are some 26 infringements in all, including three for speeding.  In the circumstances, the period of disqualification was in fact lenient.

[5]      The appeal is dismissed.

Miller J

Solicitors:

Crown Solicitor’s Office, Wanganui for Respondent