IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE
CRI-2020-425-000011
[2020] NZHC 1531
BETWEEN GARETH BYRON LANGE
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 29 July 2020 Appearances:
K P Allan for Appellant R W Donnelly for Crown
Judgment:
1 July 2020
JUDGMENT OF DUNNINGHAM J
This judgment was delivered by me on 1 July 2020 at 4.00 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date 1 July 2020
Introduction
[1] The appellant, Mr Lange, pleaded guilty and was sentenced to 14 months’ imprisonment on the following charges:
(a)driving with excess breath alcohol (third or subsequent);
(b)careless driving;
(c)unlawful taking of a motor vehicle;
LANGE v NEW ZEALAND POLICE [2020] NZHC 1531 [1 July 2020]
(d)driving while suspended;
(e)reckless driving;
(f)threatening to kill; and
(g)refusing to provide a blood specimen (third or subsequent).
[2] Mr Lange does not appeal the length of his sentence; the appeal solely concerns the period of disqualification from holding or obtaining a driver licence.
Facts
[3] All of the offending occurred on 17 December 2019. At about 3.30 pm that day Mr Lange was the driver of a vehicle that crashed on State Highway 6, near Wanaka. A police breath test recorded a breath alcohol level of 990 micrograms of alcohol per litre of breath. As a result, he was suspended from driving a motor vehicle for 28 days. He was released from police custody around 4.45 pm.
[4] At about 5 pm Mr Lange, without authority, entered a parked vehicle that had keys in it. The vehicle was valued at around $5,000. Mr Lange took the vehicle and drove approximately 30 kilometres to where he had crashed his own vehicle earlier. He then attempted to tow his vehicle out of a ditch.
[5] Mr Lange then drove a further 37 kilometres to Camp Hill Road at Lake Hawea where he drove off the road, hit a tree and went through a farm fence. The repairs to the fence amount to $200.
[6] Mr Lange continued about seven kilometres to Riverbank Road, where he reversed into a letterbox while performing a U-turn. He then continued his travels through Wanaka township and on to the Albert Town campground, some nine kilometres from Wanaka.
[7] Within the campground Mr Lange did doughnuts, twice losing control and driving through a standard fence. The cost of the repairs were estimated at $500.
[8] Further within the campground Mr Lange drove the vehicle approximately 60 – 80 centimetres into a tent, damaging it. When the victim came out of the tent, she recognised Mr Lange as the same person she had made a complaint about in October 2019. She heard Mr Lange yelling out “Die bitch, I will fuckin kill you”. He then drove off.
[9] From the campground Mr Lange drove north on State Highway 6 about five kilometres before he crashed and rolled the stolen vehicle. He was arrested by police at the scene and…
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- AGLC
- Lange v Police [2020] NZHC 1531
- Case
- [2020] NZHC 1531
- Decision Date
CaseChat Overview and Summary
The Court found that Lange's very high breath alcohol level, poor driving over a three-hour period, and multiple incidents of damaging property justified the 27-month disqualification period. The cumulative approach was appropriate, as the offences were distinct despite occurring within the same timeframe. The Court compared Lange's case to previous cases, noting that his repeat drink-driving offence and multiple charges warranted a substantial disqualification period. The Court held that even if the periods of disqualification had been imposed concurrently, the total period would have needed to be significantly uplifted to reflect the seriousness of the offending. The appeal was dismissed as the disqualification period imposed was justified.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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