IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE
CRI-2020-425-000018
[2020] NZHC 2761
BETWEEN LIANG FANG
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 19 October 2020 Appearances:
G P Tyrrell for Appellant
R W Donnelly for Respondent
Judgment:
21 October 2020
JUDGMENT OF DUNNINGHAM J
This judgment was delivered by me on 21 October 2020 at 3.00 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date…21 October 2020
Introduction
[1] On 21 January 2020 at about 1.40 pm, Mr Fang was driving a tour bus on the Glenorchy-Queenstown Road. The bus had 22 passengers on board and was towing a large trailer containing the passengers’ luggage. Traffic was light, the road was dry, visibility was good and there was negligible wind. Mr Fang entered a corner at 17 km/h over the recommended speed limit. The trailer started to fishtail, eventually causing Mr Fang to lose control of the bus. It rolled onto its side and slid down a hill, seriously injuring four of the passengers.
FANG v NEW ZEALAND POLICE [2020] NZHC 2761 [21 October 2020]
[2] Mr Fang was charged with four counts of careless operation causing injury.1 In a decision of 2 June 2020, Judge Strettell refused to grant him a discharge without conviction.2 The Judge instead convicted Mr Fang and sentenced him to 200 hours’ community work, nine months’ disqualification and reparation of $9,000.
[3]Mr Fang now appeals the refusal to grant a discharge without conviction.
Relevant background
[4] Mr Fang is a Chinese national who has resided in New Zealand since June 2016 under a work visa. He was employed as a tour bus driver by Awing Travel NZ Ltd and had been working for that company for one year at the time of the accident. The Glenorchy-Queenstown Road is an undulating twisting road that follows the northern shore of Lake Wakatipu. It has a number of tight corners. The accident occurred when Mr Fang was descending into Wilsons Bay from Closeburn and approached two corners of the downhill run. The first corner is a gentle curve and has a speed advisory sign of 55 km/h. However, the second corner is a tight corner with a bend of approximately 90 degrees. It has a recommended speed limit of 45 km/h and is signposted accordingly.
[5] As already noted, Mr Fang approached the second corner too fast and got into difficulty, causing the bus to roll onto its side and slide 40 m down the hill. During the rollover and slide, the occupants of the bus were thrown around the bus and some occupants received serious and life threatening injuries. In particular:
(a)a 10 year old girl had one of her hands amputated and the other arm removed above the elbow; and
(b)a 39 year old female had her right arm amputated below the shoulder.
Two other passengers suffered injuries from which they recovered. All other passengers of the bus were extremely upset and some…
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- [2020] NZHC 2761
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