H v Police CRI 2010 409 29 HC Christchurch

[2010] NZHC 346

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND

CHRISTCHURCH REGISTRY

CRI 2010 409 029

H

Appellant

v

POLICE

Respondent

Hearing:         23 March 2010

Appearances:  Appellant in Person

D J Orchard for Respondent

Judgment:      23 March 2010

ORAL JUDGMENT OF CHISHOLM J

[1]      This is an appeal against five months disqualification imposed by Justices of

the Peace for a breach of the terms of the appellant’s learner’s licence.  He was also fined $400.

[2]      The appellant has 15 previous convictions of a  similar  nature  since  1997. The offending was revealed when he was stopped for a breath test.   Obviously he passed  the  breath  test. He  was  carrying  an  unlicensed  passenger  who  was  not suitably qualified to fulfil the requirements of his learner’s licence.

H V POLICE HC CHCH CRI 2010 409 029  23 March 2010

[3]      Mr H   has raised two matters:   first, the length of his disqualification; and, secondly, whether it would be possible for him to sit his learner’s licence while the disqualification is running.  I can help him with the first but not the second.

[4]      Given my earlier decision in Van Dorp v Police HC Christchurch CIV 2009

409 000177, 4 February 2010 it is clear that the five month disqualification is out of step  with  the  disqualification  imposed  on  that  occasion.  Mr  van  Dorp  had  26 previous   convictions   for   breaches   of   his   learner’s   licence   as   well   as   other convictions.  Using that yardstick this disqualification is obviously out of kilter.  It is also out of kilter with the sort of disqualification that is imposed in other much more serious offending such as drink driving.

[5]      The appeal will be allowed and a disqualification of two and a half months substituted.   That  would  be  in  line  with  Mr  van  Dorp’s  offending which  involved more extensive previous offending.

[6]      But, Mr H  , you will have to  serve  this  two  and  a  half  months disqualification before you can sit your licence. Your disqualification started on 26

February 2010,  so  you  are  well  through  it  now.   You  cannot  continue  this  sort  of offending.  It is costing you money that would be better spent on your family.

[7]      Your  disqualification  started  on  26  February  2010  so  you  are  in  fact  well through it now.

Solicitors:            Crown Solicitor, Christchurch

Copy to:             The appellant