Manga v Police

[2020] NZHC 2882

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CRI-2020-419-000085

[2020] NZHC 2882

BETWEEN

ROCKY JAMES MANGA

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:	3 November 2020
Counsel:	SF Gilbert for Appellant BB Harris for Respondent
Judgment:	3 November 2020

ORAL JUDGMENT OF DOWNS J

Solicitors/Counsel:

Crown Solicitor, Hamilton. SF Gilbert, Hamilton.

MANGA v POLICE [2020] NZHC 2882 [3 November 2020]

[1]    On 17 August 2020, Rocky Manga appeared for sentence on seven offences: possession of methamphetamine; possession of a pipe; breaching a protection order; assault;  driving  while  forbidden;  failing   to   stop;   and   reckless   driving.   Judge D M Wilson QC imposed a term  of  12  months’ intensive  supervision  and 80 hours’ community work. In relation to the last two charges mentioned—failing to stop and reckless driving—the Judge disqualified Mr Manga from driving for two and a half years. Mr Manga appeals this aspect alone. He contends the Judge was without jurisdiction to disqualify him for this long. The Crown agrees.

[2]    The failing to stop offence was the first of its kind for Mr Manga.   So,        ss 52A(1)(a)(ii) and 52A(3) of the Land Transport Act 1998 required a period of disqualification of six months. The reckless driving offence carried a maximum penalty of at least six months’ disqualification. Under s 52A(6) of the Land Transport Act, the Judge was required to make these cumulative. So, the logical sentence was a period of 12 months’ disqualification.

[3]    Mr Manga was sentenced in a busy list. The Judge might have thought the failing to stop offence alleged a third or subsequent offence. Had this been so, the sentence would have been unremarkable.

[4]    Given the acknowledged mistake, the appeal is allowed.  The sentence of   two and a half years’ disqualification is quashed.   It is replaced with a period of     12 months’ disqualification. No other aspect of the sentence is changed. It follows Mr Manga continues to serve a term of 12 months’ intensive supervision and 80 hours’ community work.

……………………………..

Downs J