Flood v Police HC Wellington CRI-2011-485-43

[2011] NZHC 1014

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI-2011-485-43

MATTHEW JAMES FLOOD

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         26 July 2011

Appearances: L Brown for Appellant

I R Murray for Respondent

Judgment:      26 July 2011

(ORAL) JUDGMENT OF LANG J [on appeal against sentence]

FLOOD V NEW ZEALAND POLICE HC WN CRI-2011-485-43 26 July 2011

[1]      Mr Flood pleaded guilty in the Upper Hutt District Court to a charge of driving with excess blood alcohol.  He had been stopped by the police and failed a passive screening test and breath screening test.  He then elected to give blood.  The analysis of his blood showed 95 milligrams of alcohol per 100 millilitres of blood.

[2]      When  he  sentenced  Mr  Flood,  His  Honour  Judge  Ellis  was  obviously concerned that Mr Food had $4,500 outstanding in fines for earlier offending.  He had also   earlier had approximately $13,000 in fines remitted and a sentence of community work imposed.

[3]      The Judge sentenced Mr Flood to 90 hours community work and ordered him to pay medical expenses.  He also disqualified him from driving for a period of 18 months.  He advised Mr Flood that it was open to him to apply to have the length of disqualification reduced in the event that he paid off or reduced the outstanding fines.

[4]      Counsel for Mr Flood submits, and the Crown agrees, that an offender in Mr Flood’s  position  would  ordinarily  have  been  disqualified  from  driving  for  six months.  He has no previous history of driving with excess breath or blood alcohol. All of his other offending has been of a different type.

[5]      The Crown accepts that, although the Judge’s intentions were undoubtedly honourable, nevertheless the approach that he took produced an end period of disqualification significantly in excess of that which would ordinarily have been imposed.  For that reason the respondent accepts that the appeal should be allowed and the period of disqualification reduced.

[6]      I therefore allow the appeal and reduce the period of disqualification from 18 months to six months.  In all other respects the sentence that the Judge imposed is

confirmed.

Lang J

Solicitors:

Crown Solicitor, Wellington

Public Defender Southern, Wellington