IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2024-404-262
[2024] NZHC 2553
BETWEEN PRANEEL PRAVINDA KUMAR
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 2 September 2024 Appearances:
L Smith for Appellant
O J Southern for Respondent
Judgment:
6 September 2024
JUDGMENT OF BLANCHARD J
This judgment was delivered by me on Friday, 6 September 2024 at 2:00 pm pursuant to r 11.5 of the High Court Rules 2016.
Registrar/Deputy Registrar
Solicitors: Legal Services Commissioner, North Shore City
Kayes Fletcher Walker Ltd (Office of the Crown Solicitor), Manukau Counsel: L O Smith, Auckland
KUMAR v NEW ZEALAND POLICE [2024] NZHC 2553 [6 September 2024]
[1] Mr Kumar pleaded guilty to various charges involving alcohol and driving, and to charges of being in possession of a knife in a public place and failing to answer District Court bail. Judge G A Andrée Wiltens sentenced him to 27 months’ imprisonment.1 Mr Kumar appeals against sentence on the basis that the Judge’s sentencing approach led to a sentence that was manifestly excessive.
The offending
[2]The charges against Mr Kumar were:
(a)driving contrary to an alcohol interlock licence (x 2);2
(b)driving contrary to an alcohol interlock licence (3rd or subsequent) (x 3);3
(c)alcohol interlock licensee’s breath contained alcohol over 250 micrograms;4
(d)driving with excess breath alcohol (3rd or subsequent) (x 2);5
(e)being in possession of a knife in a public place;6 and
(f)failing to answer District Court bail (x 3).7
[3] The offences involving alcohol and driving took place over the period from October 2020 to January 2024.
1 Police v Kumar [2024] NZDC 12284.
2 Land Transport Act 1998, s 32(1)(b) and (3). Maximum penalty: three months’ imprisonment or
$4,500 fine, and disqualification for a period of at least six months.
3 Section 32(1)(b) and (4). Maximum penalty: two years’ imprisonment or $6,000 fine, and disqualification for a period of at least 12 months.
4 Section 57AA(4) and (6). Maximum penalty: two years’ imprisonment or $6,000 fine, and disqualification for a period of at least 12 months.
5 Section 56(1) and (4). Maximum penalty: two years’ imprisonment or $6,000 fine, and disqualification for a period of at least 12 months.
6 Summary Offences Act 1981, s 13A. Maximum penalty: three months’ imprisonment or $2,000 fine.
7 Bail Act 2000, s 38(a). Maximum penalty: one year imprisonment or $2,000 fine.
[4] The offence of being in possession of a knife in a public place occurred on 17 October 2020. Mr Kumar was a passenger in a vehicle in a drive thru at McDonalds, Greenlane. He entered into an argument with the driver of the vehicle behind him during which he exited the vehicle and brandished a flick knife at the victim.
[5] Mr Kumar is a 38-year-old. He has a number of previous convictions for driving with excess breath alcohol and for driving while disqualified. He has other driving convictions and has a conviction for possession of an offensive weapon.
The sentence
[6] For the…
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CaseChat Overview and Summary
The court acknowledged an error in sentencing regarding the possession of the knife, as the concurrent sentence of 15 months exceeded the maximum penalty of three months for that offence. However, it was found that a starting point of 21 months for the alcohol and driving offences was appropriate, and a global starting point of 27 months remained justified. The court also considered the argument that Mr. Kumar should have received a 10% discount for his addiction to alcohol, but it was held that the discount should be more nuanced, potentially around 5%, which would be temporally insignificant. As a result, the appeal was allowed only to reduce Mr. Kumar's concurrent sentence for possession of a knife in a public place to three months' imprisonment, while the sentence of 27 months' imprisonment was otherwise confirmed.
The final orders of the court were to quash the sentence of 15 months' imprisonment for possession of a knife in a public place and to substitute it with a sentence of three months' imprisonment. The sentence of 27 months' imprisonment was otherwise confirmed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence Before The Court
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Ratio Decidendi
Legal Principle Established
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