Cade v Police - [2023] NZHC 3657

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE

CRI-2023-454-16

[2023] NZHC 3657

BETWEEN
ALAN CADE

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 15 November 2023

Appearances:

H M S Cheeseman for Appellant E Pairman for Respondent

Judgment:

14 December 2023

JUDGMENT OF LA HOOD J

(appeal against conviction and sentence)

[1] Mr Cade appeals against conviction and sentence following a judge-alone trial before Judge I C Carter in the Palmerston North District Court on 18–19 July 2022 on charges of sustained loss of traction,1 failure to stop for police while operating the vehicle in a dangerous manner,2 and possession of methamphetamine.3

[2] On 30 May 2023, he was sentenced on the sustained loss of traction to six months’ disqualification (from 26 October 2020), on the failure to stop to a $3,500 fine and six months’ disqualification (from 26 April 2021), and on the possession of

1      Land Transport Act 1998, s 36A(1)(c) (maximum penalty of three months’ imprisonment or a fine not exceeding $4,500; mandatory disqualification for six months or more).
2      Land Transport Act, ss 52A(1)(a)(ii), 52A(3), 52A(6) and 114(2) (maximum penalty of a fine not exceeding $10,000; mandatory disqualification for six months).
3      Misuse of Drugs Act 1975, ss 7(1)(a) and (2) (maximum penalty of six months’ imprisonment or a fine not exceeding $1,000 or both).

CADE v NEW ZEALAND POLICE [2023] NZHC 3657 [14 December 2023]

methamphetamine he was convicted and discharged. Mr Cade was also convicted and discharged on a charge of resisting a constable acting in the execution of their duty.4

The prosecution case at trial

[3] The prosecution alleged that, on 26 October 2020 at about 10:30 am, Mr Cade was driving a black sedan along State Highway 56 heading towards Palmerston North when police saw the car doing two “donuts” (360 degree turns with a sustained loss of traction) in the middle of the road.

[4] The police then activated their lights and the car accelerated away at speed. The car turned onto Longburn-Rongotea Road and continued to accelerate away from police at high speed, passing a number of other cars. Eventually the police lost sight of the car.

[5] Mr Cade was then stopped on Green Road by another police car. The police car that had been chasing him arrived shortly after, and the officers identified Mr Cade’s car as the vehicle they had been chasing. Mr Cade was said to be sweaty and short of breath. He was arrested and searched on arrival at Palmerston North police station. The police found a small bag in his possession containing a snap lock bag of methamphetamine, along with approximately $8,800 in cash. Mr Cade then grabbed the bag of methamphetamine and put it in his mouth. Police attempted to get the bag off Mr Cade which turned into a struggle. Mr Cade was handcuffed, and the bag retrieved from his underwear following a pat down search.

[6] Mr Cade denies that he…

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.

Continue reading Cade v Police

Details

AGLC: Cade v Police [2023] NZHC 3657
Case: [2023] NZHC 3657
Decision Date: 14 December 2023

CaseChat Overview and Summary

Alan Cade appeals against both his conviction and sentence following a judge-alone trial in the Palmerston North District Court on charges of sustained loss of traction, failure to stop for police while operating the vehicle in a dangerous manner, possession of methamphetamine, and resisting a constable. The appeal was heard on 15 November 2023 and the judgment was delivered on 14 December 2023. The primary legal issues in this case revolve around whether the trial judge erred in his assessment of the evidence leading to a miscarriage of justice, and whether the sentence imposed was manifestly excessive. The court found that the trial judge had properly assessed the evidence and the reasons provided for the verdict were sufficient. The court also determined that the fine imposed was not manifestly excessive and thus dismissed the appeal against both conviction and sentence. The reasons for these findings include the compelling evidence of the police officers, the absence of other black sedans during the pursuit, and the compelling inference that it was Mr Cade’s car. The court also held that the fine, while substantial, was not beyond the range of reasonable penalties given the circumstances of the case.

Orders