IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
CRI-2015-425-000046 [2015] NZHC 3249
BETWEEN CRISTY MAREE HENDERSON
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 14 December 2015 Appearances:
K L McHugh for Appellant
M G McClenaghan for CrownJudgment:
16 December 2015
JUDGMENT OF DUNNINGHAM J
[1] The appellant appeals against her sentence of 13 months’ imprisonment
imposed on the following charges:
(a) driving with excess blood alcohol (third or subsequent);1
(b) driving in a dangerous manner;2 and
(c) driving contrary to a zero alcohol licence.3
Grounds of appeal
[2] The grounds of appeal relied on are that:
(a) the Judge erred in the adoption of a starting point that was too high and erred in adopting a three month uplift regarding two features of
1 Land Transport Act 1995, ss 56(1) and 56(4).
2 Section 35(1)(b).
3 Sections 32(1)(b) and 32(3).
HENDERSON v NEW ZEALAND POLICE [2015] NZHC 3249 [16 December 2015]
the offending (driving conduct and two previous convictions) which was effectively “double counting”;
(b)the Judge erred in his application of deductions from the overall starting point and, in particular, did not adequately recognise the appellant’s efforts at rehabilitation (s 7(h) of the Sentencing Act
2002), meaning that the overall percentage of credit given was inadequate; and
(c) the Judge erred in principle and in the exercise of his discretion to not impose home detention on the basis that the appellant consumed alcohol at her home prior to the offending (R v Hill), and also in determining that home detention “is to send the wrong message”. 4
The facts of the offending
[3] The offending occurred on 6 May 2015. The appellant was observed on Marama Avenue, Invercargill, driving north and crossing the centre line in the face of oncoming traffic. Drivers heading in the opposite direction had to take evasive action, by braking and swerving to avoid the appellant.
[4] A driver heading in the opposite direction to the appellant attempted to get her attention by flashing his headlights, as he braked hard to avoid her. This failed, and she simply continued driving.
[5] As the appellant continued down Dunns Road, she was observed to be continuing to swerve and cross the centre line. She briefly stopped on the side of Dunns Road, before dangerously pulling out into traffic, forcing a van driver to swerve and avoid a collision.
[6] On Ettick Street the appellant was stopped by Police. It was clear that she had been drinking. She immediately stated that she was an alcoholic. She was breath tested, which recorded that she had 1438 micrograms of alcohol per litre of
breath. At the time, she was on a zero alcohol licence.
District Court sentencing
[7] When sentencing the appellant, the Judge noted her previous convictions, which were both for drunk driving and occurred in 2011 and 2012. He also noted her identified problem with alcohol, and her attempts at abstinence and…
Keep reading for free
Create a free CaseChat account to read Henderson v Police and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2015] NZHC 3249
- Decision Date
CaseChat Overview and Summary
The Court found that while the starting point of 15 months was high, it was not excessive given the aggravating factors of the case. The Court held that the three-month uplift for previous convictions and dangerous driving was inappropriate as these factors had already been taken into account in setting the starting point. The Court also found that insufficient credit had been given for Henderson’s efforts at rehabilitation and her guilty pleas. The Court concluded that the Judge had not adequately considered the principle of imposing the least restrictive outcome appropriate in the circumstances, and that home detention should have been considered as a real alternative to imprisonment.
Consequently, the Court allowed the appeal and sentenced Henderson to three and a half months’ home detention, with additional special conditions to be imposed. The balance of the penalties imposed by the District Court Judge remained unaltered. The Court reserved leave to revert for further directions if any practical difficulties arose with the implementation of the sentence of home detention.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.