Lange v Police - [2020] NZHC 1531

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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Lange v Police

Details

AGLC: Lange v Police [2020] NZHC 1531
Case: [2020] NZHC 1531
Decision Date: 1 July 2020

CaseChat Overview and Summary

The appeal against sentence was brought by Gareth Byron Lange, who pleaded guilty to charges including driving with excess breath alcohol, unlawful taking of a motor vehicle, and threatening to kill. The appeal focused solely on the period of disqualification from holding or obtaining a driver's licence. Lange argued that the cumulative disqualification periods were excessive and should have been imposed concurrently, suggesting a 18-month disqualification period instead of 27 months. The High Court considered Lange's high breath alcohol level, the damage caused by poor driving over a three-hour period, and his unlawful taking of a vehicle and driving while suspended. The Court held that the cumulative approach was appropriate due to the distinct nature of the offences, despite occurring within the same timeframe. The Court concluded that the total period of disqualification was proportionate to the culpability of the offending and dismissed the appeal.

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