Deery v Police - [2025] NZHC 290

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2024-404-652

[2025] NZHC 290

BETWEEN
LEVI JAMES DEERY

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 25 February 2025

Appearances:

J Verry for Appellant

J T Lowyim for Respondent

Judgment:

25 February 2025

JUDGMENT OF LANG J

[on appeal against sentence]

This judgment was delivered by Justice Lang On 25 February 2025 at 4.00 pm
Registrar/Deputy Registrar Date:…………………………

Solicitors/counsel:
J Verry, Barrister, Auckland
Meredith Connell, Office of the Crown Solicitor, Auckland

DEERY v POLICE [2025] NZHC 290 [25 February 2025]

[1] Mr Deery is 33 years of age. Surprisingly, after obtaining a learner’s drivers licence approximately 16 years ago he has never gone on to obtain a restricted or full licence.

[2] On 4 July 2023, Mr Deery was stopped by the police whilst driving a motor vehicle on Great North Road, Kelston. The police stopped the vehicle because it was displaying number plates belonging to another vehicle that had been stolen.

[3] When the police searched the vehicle, they found a ziplock bag containing a small quantity of methamphetamine under the driver’s seat. A methamphetamine pipe was also secured to the sun visor in the vehicle. This led to the police charging Mr Deery with unlawfully using a motor vehicle,1 being in possession of methamphetamine2 and driving whilst disqualified.3 Mr Deery had earlier been disqualified from driving for a period of six months on 15 March 2023.

[4] Mr Deery eventually entered guilty pleas to all charges. On 13 November 2024, Judge P L Murray sentenced Mr Deery to 50 hours community work on each charge.4 This resulted in a sentence of 150 hours community work. In addition, the Judge sentenced Mr Deery to 12 months supervision and disqualified him from driving for a period of six months.

[5] Mr Deery appeals against sentence. He says the sentence of 150 hours community work is manifestly excessive. In addition, Mr Deery contends the Judge erred in imposing a period of disqualification. He says the Judge ought to have granted his application under s 94 of the Land Transport Act 1998 (the Act) for an order imposing a further community-based sentence rather than a period of disqualification.

1      Crimes Act 1961, s 226(2) — maximum penalty two years’ imprisonment.
2      Misuse of Drugs Act 1975, s 7(1)(a) and (2) — maximum penalty six months’ imprisonment or
$1,000 fine.
3      Misuse of Drugs Act 1975, s 7(1)(a) and (2) — maximum penalty six months’ imprisonment or
$1,000 fine.
4      New Zealand Police v Deery [2024] NZDC 29002.

Were the sentences of community work manifestly excessive?

[6] The Judge did not give reasons explaining why he decided to impose cumulative sentences of community work. Nor did he expressly say that in imposing 50 hours community work on each charge he had taken the guilty pleas and totality principles into account. Ms Verry contends on Mr Deery’s behalf that, had the Judge applied totality principles, he would…

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 Deery v Police

Details

AGLC: Deery v Police [2025] NZHC 290
Case: [2025] NZHC 290
Decision Date: 25 February 2025

CaseChat Overview and Summary

Levi James Deery appeals against the sentence imposed on him by the District Court for unlawfully using a motor vehicle, being in possession of methamphetamine, and driving whilst disqualified. The sentences were 50 hours community work on each charge, totalling 150 hours, and a period of 12 months supervision. The sentence also included a further six months disqualification from driving. The appeal focused on the excessive nature of the community work sentence and the imposition of a further disqualification period. The Court held that the cumulative community work sentence was not manifestly excessive, given the nature of the offences and the appellant's previous convictions for similar offences. However, the Court did consider that the Judge did not sufficiently take into account the totality principles and the guilty pleas when imposing the sentence. Accordingly, the sentence of community work was reduced from 50 hours to 40 hours on each charge. In respect of the disqualification order, the Court found that the Judge had valid reasons for refusing the appellant's application under s 94 of the Land Transport Act 1998. The appellant had not provided sufficient evidence to demonstrate special hardship or any factor that would warrant a departure from the public interest in keeping him off the road. Therefore, the appeal against the disqualification order was dismissed.

The final orders of the Court were that the appellant's sentence of community work be reduced from 50 hours to 40 hours on each charge, while the 12 months supervision and the six months disqualification from driving remain unchanged.

Orders