Kelly v Police HC Blenheim CRI 2010-006-1444

[2011] NZHC 158

IN THE HIGH COURT OF NEW ZEALAND BLENHEIM REGISTRY

CRI 2010-006-1444

JAMES MARTIN KELLY

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         28 February 2011 (Teleconference) Counsel:    Green for Appellant

M A O'Donoghue for Respondent

Judgment:      28 February 2011

JUDGMENT OF RONALD YOUNG J

[1]      This is an appeal against a conviction for driving a motor vehicle in excess of

100 kilometres per hour.  The charge was found proven and an infringement fee of

$170, 35 demerit points and Court costs of $132.89 was imposed.

[2]      Counsel for the Police and defence are agreed that although the Justices of the Peace did properly convict the appellant of exceeding 100 kilometres per hour, the infringement fee and demerit points were imposed on the basis that the prosecution could prove that Mr Kelly was travelling at 120 kilometres per hour. Both  parties  agree  that  that  could  not  be  proved  but  what  could  be  proved  is

travelling in excess of 100 kilometres per hour.

JAMES MARTIN KELLY V NEW ZEALAND POLICE HC BLE CRI 2010-006-1444 28 February 2011

[3]      In those circumstances counsel for the Police accepts that the proper fee infringement band is at the bottom end of the band as are the demerit points.

[4]      In those circumstances, therefore, the penalty of an infringement fee of $170 is quashed, substituted instead is an infringement fee of $30.  The consequential

order of 35 demerit points is quashed and 10 demerit points substituted.

Ronald Young J

Solicitors:

B R Green, Cameron & Company, Barristers & Solicitors, Christchurch
M A O’Donoghue, Crown Solicitor, PO Box 1382, Nelson