M v Police HC Tauranga CRI 2008-470-7

[2008] NZHC 567

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CRI 2008-470-7

BETWEEN  M

Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         23 April 2008

Counsel:         No appearance by or on behalf of Appellant

C Harold for Respondent

Judgment:      23 April 2008

(ORAL) JUDGMENT OF HEATH J

Solicitor:

Crown Solicitor, Tauranga
Copy to:

Appellant in person

M V NEW ZEALAND POLICE HC TAU CRI 2008-470-7  23 April 2008

[1]      Mr M   appealed against a sentence imposed by Judge  Bidois in the District Court at Tauranga on 18 February 2008.  He had pleaded guilty to driving with an excess breath alcohol level on a third occasion.  He had also pleaded guilty to  driving  while  forbidden.    Judge  Bidois  imposed  a  sentence  of  220  hours community work on the lead charge.

[2]      Mr M  ’s appeal document suggests a complaint that the sentence was manifestly excessive.

[3]      Mr M   was informed of the date of hearing by the Registrar of this Court on or about 16 April 2008.  When the appeal was called this morning there was no appearance on his behalf.

[4]      For that reason alone, the appeal should be dismissed.   However, in the circumstances  of  this  case,  I  add  the  following.     The  sentence  imposed  by Judge Bidois was, in my view, merciful for someone before the Court on a third charge of driving with an excess breath alcohol.  Ordinarily, a prison sentence would have been imposed.   Alternatively, a more lengthy term of community work may have been appropriate.

[5]      If Mr M   had appeared, I had intended to ask him to reflect on whether he wished to proceed with the appeal, given my power to increase sentence.  That has not proved necessary.  Because he has failed to appear today, I am not prepared to increase sentence in his absence.

[6]      The appeal against sentence is dismissed.

P R Heath J