Collett v Police

[2017] NZHC 1012

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI-2016-488-61 [2017] NZHC 1012

BETWEEN

BRYAN WAYNE COLLETT

Appellant

AND

NEW ZEALAND POLICE Respondent

On the papers
Counsel:	M Pecotic for Appellant JW Wall for Respondent
Judgment:	17 May 2017

JUDGMENT (NO. 2) OF TOOGOOD J

This judgment was delivered by me on 17 May 2017 at 3.00 pm

Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

Collett v NZ Police [2017] NZHC 1012 [17 May 2017]

[1]      On 15 March 2017,  I allowed in part an appeal by Bryan Wayne Collett against a sentence of 12 months' imprisonment and an order under s 32(4)(a) of the Land  Transport  Act 1998  (the  LTA)  disqualifying  Mr  Collett  from  holding  or obtaining a driver's licence for a period of 14 months (“the principal judgment”).1

Mr Collett had pleaded guilty to one charge of driving a motor vehicle on a road while his driver's licence was suspended.  It was his thirteenth conviction for driving whilst disqualified or suspended.

[2]      I agreed  with  Judge McDonald  that  the offending merited  a sentence of imprisonment  but  considered  that  the Judge had  erred  in  his  assessment  of the appropriate term and reduced the sentence to one of 30 weeks' imprisonment.  I was concerned that, following his release on parole, Mr Collett would remain subject to a lengthy order disqualifying him from driving.    Because of his particular circumstances, notably his occupation and living in a remote rural area away from public transport, I thought Mr Collett may find the temptation to drive to be too great to resist and that, as well, undue hardship would be suffered by Mr Collett's family if he was unable to drive.  I considered that it would be better to clean the slate and give Mr Collett an opportunity to demonstrate that he has reformed.

[3]      I adjourned the appeal part-heard on the basis that an application for the substitution of a community-based sentence in lieu of the disqualification might provide a nuanced solution.  An application under s 94 of the LTA was filed in due course.   I regret and apologise for the delay in responding to the application and counsel’s submissions. The papers have only just been sent to me.

[4]      Regrettably, however, I am satisfied that Mr Wall, who appears on behalf of the respondent, is right that because Mr Collett remains subject to a sentence of imprisonment, I am not able to impose a concurrent sentence of community-based sentence during the parole period.2

[5]      Having confirmed in the principal judgment that a sentence of imprisonment was appropriate, I am not prepared to revisit that aspect.  As much as I may wish to

1      Collett v NZ Police [2017] NZHC 489.

2      Sentencing Act 2002, s 19.

promote Mr Collett's rehabilitation further, I cannot.   It is entirely over to him to

comply with the District Court’s order and avoid further sanctions.

[6]      It  follows,  therefore,  that  the  application  under  s 94  of  the  LTA cannot succeed and I dismiss it.

[7]      I also dismiss the appeal against the sentence of 14 months' disqualification from driving.

...............................................

Toogood J