IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CRI-2012-409-000123 [2013] NZHC 891
BETWEEN ANNABEL ROSEMARY CRACROFT LINTERMAN
Appellant
ANDNEW ZEALAND POLICE Respondent
Hearing: 10 April 2013
Counsel: JHM Eaton for Appellant
A R McRae for Respondent
Judgment: 29 April 2013
JUDGMENT OF MILLER J
[1] Ms Linterman appeals the District Court’s refusal of her application for a
discharge without conviction on a charge of driving with excess alcohol.
[2] The facts are that Ms Linterman was pulled over on Papanui Road just after midnight on 20 May 2012. She was on the road because she had attended a 21st birthday party as the sober driver for her group of friends and they were going home. She was stopped at random, so there was no driving fault. The only aggravating factor was her alcohol level. She elected to provide a blood sample, which established that her blood contained 142 milligrams of alcohol per 100 millilitres, substantially more than the legal limit of 80 per 100. She admitted to consuming three glasses of wine, the last at 9.30 pm. Her blood-alcohol level suggests she had
drunk significantly more than that. However, she had been exercising and had not eaten, she was exhausted from studying, and she might have been dehydrated. The
Police accepted at sentencing that she had believed she was under the limit.
LINTERMAN v N Z POLICE HC CHCH CRI-2012-409-000123 [29 April 2013]
[3] Ms Linterman is aged 23 and has no previous convictions. At sentencing on
10 December 2012 she was in the final year of an honours degree in law at Canterbury. She is a first class student and good sportswoman, of excellent character.
[4] She moved for a discharge on the ground that the consequences of conviction would wholly outweigh the seriousness of the offence in the circumstances, because it would preclude her from pursuing postgraduate study in Canada. She wants to take an LLM at the University of British Columbia (UBC), which has an excellent reputation in her chosen field, environmental law.
[5] She does not intend to do this at once. This year she is studying in France and she will then work with a leading law firm for two years before taking her LLM in
2016, which would mean entering Canada by the beginning of September in that year. But it was common ground in the District Court that Canada, which is apparently unique among foreign jurisdictions that offer postgraduate study in this respect, would not entertain entry for five years after completion of her sentence. This means she cannot apply until June 2018. She may not get entry at once because she will have to apply for what is called “rehabilitation”. That process could delay her past September 2018, and so cause her to lose another year. By contrast, she would not automatically be denied entry if she were to get a discharge without conviction. She would have to disclose the discharge, but there seems to be no doubt that she would…
Continue reading Linterman v Police
Sign in free to access the full text
- AGLC
- Linterman v Police [2013] NZHC 891
- Case
- [2013] NZHC 891
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.