Ferguson v Police
[2012] NZHC 2715
•16 October 2012
IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY
CRI-2012-476-000013 [2012] NZHC 2715
STEVIE FERGUSON
Appellant
v
NEW ZEALAND POLICE
Respondent
Hearing: Dealt with on the papers
Appearances: A J Bailey for appellant
A R McRae for respondent
Judgment: 16 October 2012
JUDGMENT OF CHISHOLM J
[1] On 28 September 2011 the appellant was sentenced to community work and disqualified from driving for six months on one charge of driving with excess breath alcohol and indefinitely disqualified on a second charge of driving with excess breath alcohol. She had been simultaneously convicted on the two offences and only had one previous excess breath alcohol conviction.
[2] Counsel have lodged a joint memorandum in which it is accepted that the Judge had no jurisdiction to indefinitely disqualify the appellant pursuant to s 65(4) of the Land Transport Act 1998. This reflects Stanney v Police[1] and the earlier
decisions referred to in that decision.
FERGUSON V NEW ZEALAND POLICE HC TIM CRI-2012-476-000013 [16 October 2012]
[1] Stanney v Police [2012] NZHC 310
[3] The appeal has been filed out of time. An extension is not opposed by the respondent.
[4] The time for appealing is extended. The appeal is allowed and the indefinite disqualification is quashed. It is replaced with a 12 month disqualification.
Solicitors:
Andrew Bailey, Christchurch, [email protected]
Gresson Dorman & Co, Timaru, [email protected]
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