IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CRI-2021-485-38
[2021] NZHC 2005
DAVIN PETER LAIRD v
NEW ZEALAND POLICE
Hearing: 4 August 2021 Counsel:
L R Smith and Z S Meehan for Appellant A F Oliver for Respondent
Judgment:
4 August 2021
JUDGMENT OF CHURCHMAN J
Introduction
[1] On 2 June 2021, Mr Laird (the appellant) was convicted and sentenced in the Hutt Valley District Court to 120 hours’ community work and disqualified from driving for 12 months after being charged with driving while suspended (third or subsequent).1 Mr Laird had advanced an application under s 94 of the Land Transport Act 1998 so as to have his disqualification from driving substituted with a community- based sentence. That application was declined by the District Court Judge.
[2] Mr Laird now appeals that part of the sentence relating to the Judge’s decision to decline the s 94 application, on the basis that the Judge placed excessive weight on historic traffic infringement offences and their influence on the risk to public safety,
1 Police v Laird [2021] NZDC 12050.
LAIRD v NEW ZEALAND POLICE [2021] NZHC 2005 [4 August 2021]
and that the Judge failed to place sufficient weight on other relevant factors brought to his attention at sentencing.
[3] Alongside this appeal, Mr Laird seeks leave to adduce fresh evidence in the form of an affidavit that responds to some of the concerns noted by the sentencing Judge.
[4] The police do not oppose the inclusion of this fresh evidence, but they oppose the appeal, and submit that the Judge did not err in declining Mr Laird’s s 94 application. Mr Laird’s affidavit mainly details evidence already before the Court, such as his previous driving convictions, and the circumstances that led to his 28-day suspension in February 2021. However, the affidavit discusses those circumstances in more detail, and also includes evidence of remorse for his offending, and details his attendance at a defensive driving course. Given that the evidence seems credible and relatively fresh,2 and that the police are not opposed to its admission, I grant leave to adduce the affidavit.
[5] For the reasons set out below, I have come to the conclusion that the appeal should be allowed. I consider that the Judge placed too much emphasis on Mr Laird’s historical driving offences and erred in doing so. In considering s 94 anew, application of the factors under s 94(1)(b) to the circumstances of this case indicate that it would be appropriate to substitute a sentence of disqualification with a community-based sentence, namely one of community work.
Background
Factual background
[6] On 3 March 2021, Mr Laird (who at the time was employed as a truck driver) was driving a truck on State Highway One at Ōhakea. He was directed to stop at a weigh station, and during a routine inspection it was discovered that he was in fact subject to a 28-day suspension at the time. Mr Laird…
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- Laird v Police [2021] NZHC 2005
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- [2021] NZHC 2005
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