M v Police HC Invercargill CRI 2007 425 14

[2007] NZHC 591

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CRI 2007 425 14

M

Appellant

v

POLICE

Respondent

Hearing:         2 July 2007

Appearances: D G Slater for Appellant

D M Morris for Respondent

Judgment:      2 July 2007

ORAL JUDGMENT OF CHISHOLM J

[1]      On 1 May the appellant was sentenced to 50 hours community work and disqualified for a period of 15 months for racing.  He is 19 years of age and admitted racing against the other car at 70 to 80 kph in a 50 kph zone.  When speaking to the police he acknowledged that he normally travels at 70 kph in town.   The police found that he held a restricted licence and that his vehicle was not roadworthy.

[2]      When imposing sentence the sentencing Judge referred to the appellant’s long history of previous convictions which included convictions for careless driving. By imposing a sentence of community work the Judge decided to give the appellant

“a break” to enable him to complete his apprenticeship and there is no appeal

M V POLICE HC INV CRI 2007 425 14  2 July 2007

against that component of the sentence.  This appeal is restricted to the length of the disqualification.

[3]      Mr  Slater  submitted  that  the  disqualification  imposed  was  manifestly excessive.    He  suggested  there  was  nothing  particularly  remarkable  about  the incident which occurred on Tweed Street, a wide two lane street, in broad daylight. It was noted by counsel that the intersections with that street are controlled by either give way or stop signs and there was no suggestion of other bad driving by the appellant or the other driver.   While Mr Slater acknowledged that a mandatory minimum disqualification of six months is included in the legislation, he emphasised that the appellant effectively received two and a half times the minimum.

[4]      As was observed in Williams v Police (High Court, Christchurch Registry, CRI 2007 409 067, 29 March 2007), suspension serves a protective purpose.  This appellant has previous convictions for careless driving with the conviction in 2005 attracting a disqualification of one year.   He acknowledged to the police that he customarily drives in town at 70 kph.  Those who indulge in racing can expect little sympathy from the Courts.  Regardless of the street in which that activity occurred, this racing was within city limits and inherently involved danger to the public. Given the appellant’s previous record, I have not been satisfied that the disqualification of 15 months is manifestly excessive.

[5]      The appeal is dismissed.

Solicitors:         D G Slater, Invercargill

Crown Solicitor, Invercargill