Koopu v Police

Case [2013] NZHC 1356


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2013-404-125 [2013] NZHC 1356

BETWEEN  DION KOOPU Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:                   10 June 2013

Counsel:                  C P Merrick for the Appellant

L M Mills for the Respondent

Judgment:                10 June 2013

(ORAL) JUDGMENT OF WOODHOUSE J

Solicitors:

Mr C P Merrick, Moala Merrick, Solicitors, Manukau

Mr L M Mills, Meredith Connell, Office of the Crown Solicitor, Auckland

KOOPU v POLICE [2013] NZHC 1356 [10 June 2013]

[1]      This  is  an  appeal  against  a sentence of 21  months  imprisonment  for  an offence of driving with excess breath alcohol and disqualified driving.1   This was the appellant’s eighth drink driving offence.   The end sentence was 12 months imprisonment.  A cumulative sentence of 9 months imprisonment was imposed for the appellant’s seventh disqualified driving offence.  These offences occurred on 11

September 2012. The maximum penalty for each offence is 2 years imprisonment.

[2]      The appellant is aged 37.  The appellant has been convicted on seven earlier occasions for drink driving, the offences being between January 1998 and December

2009.  Sentences include two of imprisonment for 1 year, which appear to have been cumulative on other sentences.  There are six previous disqualified driving offences between 1996 and 2006.  Three resulted in prison sentences, one of which was 12 months imprisonment.   There have been four convictions for dangerous driving between 1996 and 2009, two of which resulted in prison sentences.  The appellant has a reasonably substantial number of convictions for other offences, or breaches of sentences, or breaches of release conditions.

The District Court sentence

[3]      The  Judge  noted  that  the  appellant  had  eight  previous  drink  driving convictions, not seven, and that he had six or seven previous convictions for disqualified driving.   He noted the other convictions and failures to comply with sentences,  other  Court  orders  or  conditions.     He  noted  and  rejected  some submissions in mitigation and, in particular, a submission which may have come from a letter from Mr Koopu to the essential effect that prison was not the answer to his drinking problems. The Judge then said:

[7]       This is his ninth conviction now and in my view the preventative element of sentencing must be given greater weight to protect the public.  In this case the alternatives of supervision, community work, intensive supervision and home detention, in my view, do not bring home to this man the seriousness of his offending in terms of the purposes and principles of the Sentencing Act 2002.  In my view the only sentence that can bring home to him a deterrent aspect is, again, to sentence him to a term of imprisonment but he will note that the term is increasing in length to protect the public.

1 Police v Koopu DC Waitakere CRI-2012-090-008386, 27 March 2013.

[8]       I am conscious of the provision to s 16 of the Act.  I have given full weight to that section.   But I have given, also, full weight to the need to protect the public and Mr Koopu’s very abysmal…

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Koopu v Police [2013] NZHC 1356
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[2013] NZHC 1356
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CaseChat Overview and Summary

The High Court of New Zealand heard an appeal against a sentence of 21 months imprisonment for driving with excess breath alcohol and disqualified driving, both of which were the appellant's eighth and seventh convictions respectively. The appellant, aged 37, had a history of drink driving offences and other convictions, including dangerous driving. The District Court judge noted the appellant's extensive criminal record and his failure to comply with court orders, leading to the imposition of cumulative sentences to protect the public. The appellant argued that the sentence was manifestly excessive, particularly when compared to other cases, but the High Court found no error in the District Court's sentencing approach.

The court considered the appellant's history of non-compliance with court orders and the need to protect the public, and found that the District Court had appropriately balanced the various sentencing considerations. The High Court also noted that the appellant's attendance at counselling sessions was not a significant mitigating factor given his long history of non-compliance with court orders. The court further found that there was no error of principle in imposing cumulative sentences, and that the total sentence was not excessive when compared to other cases.

In conclusion, the High Court dismissed the appeal and upheld the District Court's sentence of 21 months imprisonment. The court found that the District Court had appropriately balanced the various sentencing considerations, and that the sentence was not manifestly excessive. The court noted that the appellant's history of non-compliance with court orders and the need to protect the public were significant factors in the sentencing decision. The appeal was dismissed, and the sentence of 21 months imprisonment was upheld.

Orders

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Background

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