Hill v Christchurch Collections Unit

[2015] NZHC 368

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI 2015-409-000002 [2015] NZHC 368

ANDREW HERBERT HILL

v

CHRISTCHURCH COLLECTIONS UNIT

Hearing:	5 March 2015
Appearances:	Appellant in person K B Bell for Respondent
Judgment:	5 March 2015

JUDGMENT OF NATION J

[1]      The  appellant  appealed  his  sentence  of  250  hours  of  community  work imposed by His Honour, Judge O’Driscoll in respect of outstanding fines and enforcement    fees    of    $7,662.18,    in    the    Christchurch    District    Court    on

16 December 2014.

[2]      When the appellant filed his notice of appeal, he stated the grounds as being; it was an excessive amount of community work.  The appeal was initially called a short time ago, when Kós J was presiding.  At that stage the appellant indicated to the Court that instead of having to do community work, wanted to have his fines, or the amount that he had to pay on a regular basis, reduced.  He also indicated that he may try and seek to obtain legal representation.

[3]      The appeal was put off for hearing until today and the appellant was aware of this date.

HILL v CHRISTCHURCH COLLECTIONS UNIT [2015] NZHC 368 [5 March 2015]

[4]      Today the appeal has been called, but there is no appearance by the appellant. I thus propose to deal with the appellant on the basis of the information that is before the Court, having regard to the ground on which he sought to bring this appeal.

[5]      The appellant was entitled to bring this appeal by virtue of s 250 of the

Criminal Procedure Act 2011.  The Court must allow the appeal if satisfied that:

(a)       for  any  reason,  there  is  an  error  in  the  sentence  imposed  on conviction; and

(b)      a different sentence should be imposed.

[6]      I am satisfied that there was no such error.  The community work sentence was imposed after the appellant had contacted the Court’s and advised that he was unable to make the regular weekly payments that were required at that stage in respect of his outstanding fines.  There was then an assessment as to his means.  This indicated that his only income was from a sickness benefit of $304 and his normal regular expenses exceeded that amount.  He had no assets available to meet the fine.

[7]      The amount outstanding of more than $7,500 related to eight offences, most of which related to him wilfully failing to meet obligations that he had as a driver of a motor vehicle, for example, failing to produce a driver’s licence; failing to comply with traffic signals; operating an unlicensed motor vehicle; and operating a vehicle without a warrant of fitness.  Against that background, it was certainly appropriate for the Judge to consider the fines should be remitted, but in lieu of that, Mr Hill should have to perform a sentence of community work.  I note that when the matter was dealt with by Judge O’Driscoll, the Judge asked Mr Hill if he was able to do community work, and Mr Hill said that he was able to do this.

[8]      The level of community work imposed was well within the range that was available to the Court.  I note, in particular, that Dunningham J dealt with a similar situation in the case of Austin v Christchurch Collections Unit.1    Mr Austin owed Collections some $7,521.66 in unpaid fines.  In that case, the Court had imposed a sentence of 250 hours community work and it was claimed on appeal that that level

of community work was manifestly excessive.  Dunningham J dismissed the appeal

1      Austin v Christchurch Collections Unit [2014] NZHC 2514.

and in doing that she referred to a number of cases which indicated that that sentence was well within the range of available.  She noted in her decision:

(a)      Robinson v Ministry of Justice, Collections, where a sentence of 40 hours’ community work was upheld on appeal in respect of $1,115 in unpaid fines; 2

(b)      Gerrard  v  Ministry  of  Justice,  Collections,  where  a  sentence  of

100 hours’ community work was upheld on appeal as a substitute of

$2,730 in unpaid fines;3

(c)      Slattery Cookson v Christchurch Collections Unit, where the sentence of 240 hours’ community work in lieu of $3,222 in unpaid fines was upheld by the Court of Appeal;4 and

(d)      Davis v Registrar of Collections Unit at Dunedin where a sentence of

300 hours’ community work was substituted on appeal for 400 hours

when $4,000 of fines was remitted.5

[9]      Those cases referred to by Dunningham J satisfy me, as does her decision in the Austin case, that the sentence imposed in this instance on Mr Hill was clearly within the available range.

[10]     On that basis, there was no error in the sentence which was imposed and Mr

Hill’s appeal is therefore dismissed.

Solicitors:

Raymond Donnelly & Co., Christchurch

2      Robinson v Ministry of Justice, Collections [2013] NZHC 3148.

3      Gerrard v Ministry of Justice, Collections HC Hamilton CRI-2009-419-77, 9 December 2010.

4      Slattery Cookson v Christchurch Collections Unit HC Christchurch CRI-2008-409-71,

6 June 2008.

5      Davis v Registrar of Collections Unit at Dunedin HC Christchurch CRI-2005-412-13,

3 May 2005.

Addendum to Judgment

[11]     Appellant to report to a Probation Officer in the Probation Area in which you reside as soon as practicable (that is as soon as you can) and not later than 72 hours after 9 March 2015

Nation J