| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA232/2021 [2021] NZCA 440 |
| BETWEEN | JEROME LARASON |
| AND | NEW ZEALAND POLICE |
| Court: | French, Mander and Palmer JJ |
Counsel: | C M Ruane for Applicant |
Judgment: | 6 September 2021 at 9 am |
JUDGMENT OF THE COURT
The application for leave to bring a second appeal is declined.
____________________________________________________________________
REASONS OF THE COURT
(Given by French J)
Introduction
Mr Larason seeks leave to appeal a decision of Doogue J in the High Court.[1] The decision concerned an infringement offence for speeding which the Judge found had been proven against him.
[1]Larason v Police [2021] NZHC 653 [High Court judgment].
Leave is required because an appeal in this Court would be a second appeal, the High Court decision being itself an appeal from a District Court decision.[2]
[2]Police v Larason [2020] NZDC 16005 [District Court judgment].
In a minute dated 30 June 2021, Collins J directed that the application for leave be determined separately from the proposed appeal and be heard on the papers.[3]
Background
[3]Larason v Police CA232/2021, 30 June 2021 (Minute of Collins J).
On 2 October 2019, Mr Larason drove a motor vehicle at a speed of 100 km/h on a stretch of Jones Road on the outskirts of Christchurch where the speed limit was 80 km/h.[4] He was observed by a police officer who issued him with an infringement notice. The District Court found the charge proven and ordered payment of the infringement fee of $200 together with court costs.[5]
[4]Near the township of Rolleston. In the District Court, Mr Larason disputed the accuracy of the device used by the officer to measure his speed but no longer pursues that argument.
[5]District Court judgment, above n 2, at [42].
At the time of the incident Mr Larason was undertaking a seven-kilometre journey on a route that did not contain any speed limit signs. The roads he was travelling on were not densely populated areas but “hedge lines, paddocks and farms with a spattering of homes”.[6]
[6]High Court judgment, above n 1, at [22]. This was Mr Larason’s description which the High Court accepted as accurate.
He contends that the absence of signage was a breach of the road controlling authority’s obligations under r 4.2 of the Land Transport Rule 54002: Traffic Control Devices 2004. He contends further that although the offence of speeding is one of strict liability, he had a good defence of total absence of fault.
The vehicle which Mr Larason was driving had earlier been left on the roadside by a family member because of a punctured tyre. His wife had driven him to the abandoned car so he could replace the punctured tyre and drive the car home. The speeding occurred on the journey home. The journey to the abandoned car had taken him past an 80 km/h sign. Because he was only a passenger at that point, he…
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- Larason v Police [2021] NZCA 440
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- [2021] NZCA 440
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