Henderson v Police

[2012] NZHC 3141

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2012-409-88 [2012] NZHC 3141

BRIAN VINCENT HENDERSON

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         22 November 2012

Appearances: Appellant in Person

C J Boshier for Respondent

Judgment:      23 November 2012

JUDGMENT OF FOGARTY J

[1]      The appellant was convicted of driving with excess breath alcohol on 23

September 2011.  He was granted a limited licence.

[2]      On  17  May  2012,  he  had  a  very  difficult  day,  having  to  advise  two subordinates that they had lost their jobs.  On the way home from work, he stopped at a pub for a drink.  He did not fill out his log book of driving entries for that day, whereby he breached the terms of his limited licence.

[3]      Section 32(3) Land Transport Act provides a mandatory disqualification of six months for this offence.   It was imposed.   On these facts there are no special

reasons to justify deviation from the terms of the limited licence.  Accordingly, the

HENDERSON V NEW ZEALAND POLICE HC CHCH CRI-2012-409-88 [23 November 2012]

imposition  of  a  mandatory  disqualification  by  the  District  Court  (Judge  D  C McKegg) on 12 June is unassailable.

[4]      The appeal is dismissed.

Solicitors:

Raymond Donnelly & Co, Christchurch - [email protected]

Copy to:

B V Henderson -