M v Police HC Whangarei CRI 2008-488-49
[2008] NZHC 1818
•21 November 2008
This case has been anonymized
IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
CRI 2008-488-049
BETWEEN M
Appellant
ANDNEW ZEALAND POLICE Respondent
Hearing: 21 November 2008
Counsel: Appellant in person
N J Dore for Respondent
Judgment: 21 November 2008
(ORAL) JUDGMENT OF HEATH J
Solicitors:
Crown Solicitor, OPO Box 146, Whangarei
Copy to:Appellant in person
M V NEW ZEALAND POLICE HC WHA CRI 2008-488-049 21 November 2008
[1] Mr M was convicted, in the District Court at Dargaville, on a charge of driving with an excess breath alcohol concentration. He pleaded guilty to the charge. Mr M came within the category of person who has three or more previous convictions for drink driving related offending.
[2] In those circumstances, s 56(4)(b) of the Land Transport Act 1998 requires a
Judge, on conviction, to impose a disqualification period of more than one year.
[3] Judge McDonald sentenced Mr M to a term of community work of 350 hours. He disqualified him from holding or obtaining a driver licence for 18 months starting immediately. There has been no suspension of the order pending appeal.
[4] Mr M has submitted that a one year disqualification ought to have been imposed. He informs me of difficulties which he will face in having to re-sit his licence and to pay for that in the event that the current sentence remains intact.
[5] As I have explained to Mr M , the difficulty is that I can only interfere with a sentence imposed by the District Court Judge if it were manifestly excessive.
[6] Mr M was fortunate, to some degree, in the sentence of 350 hours community work imposed. Although it would have been possible for the Judge to impose a disqualification period of less than 18 months, so long as it complied with the statutory provisions, I cannot say that the disqualification period imposed was clearly excessive.
[7] For those reasons, the appeal is dismissed.
P R Heath J
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