M v Police HC Invercargill CRI 2006-425-14

[2006] NZHC 1202

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CRI 2006-425-000014

M

v

POLICE

Hearing:         10 October 2006

Appearances: Appellant in Person

M A Mika for Respondent

Judgment:      10 October 2006

JUDGMENT OF HON JUSTICE JOHN HANSEN

The Appeal is allowed.

The fine is reduced to $100.

[1]      Mr M   has filed an appeal against both conviction and sentence. He was charged with breaching the Road User Charges Act 1977.  That was that he operated a motor vehicle on the road when the reading of the distance recorder was more than the maximum reading specified in the distance licence carried on the

motor vehicle.

M V POLICE  HC INV CRI 2006-425-000014  10 October 2006

[2]      Apparently Mr M   had acquired this diesel powered engine some time before and did not realise the law views it as relatively serious if the road user kilometres are exceeded.  Furthermore, he was in a position where he thought you could only buy chunks of 5,000 kilometres at a time.

[3]      Mr M  ’s real complaint is that he has had no proper opportunity to place his financial position before the Court and for it to be considered.  That is sensible and responsible because in actual fact he concedes the necessary elements of the offence and indeed, admitted guilt.

[4]      He was fined $471 plus Court costs of $30.  In the circumstances, from what I have heard from Mr M   about his difficult financial circumstances, his debt, and his problems with child support and other matters, I am of the view that if all of that had been before the Justices a mere lenient outcome would have been the result. I am conscious, of course, that this arises from an infringement notice but notwithstanding that this Court has the power to vary that.

[5]      Accordingly, the appeal is allowed.   Instead of the $471, a fine of $100 replaces it with Court costs of $30.

Solicitors:

Preston Russell Law, Invercargill, for Respondent cc: Mr C M M