Martinson v Police - [2017] NZHC 2830

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI 2017-404-286 [2017] NZHC 2830

BETWEEN
RICHARD JOSEPH MARTINSON

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing: 14 November 2017

Counsel:

G Harvey for the Appellant
K E Tuialii for the Respondent

Result:

14 November 2017

Reasons:

17 November 2017

REASONS JUDGMENT OF DUFFY J

This reasons for judgment was delivered by me on 17 November 2017 at 4.00 pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/ Deputy Registrar

Solicitors/Counsel:
Mason Treloar Harvey, Pukekohe
Crown Solicitor, Manukau

MARTINSON v NEW ZEALAND POLICE [2017] NZHC 2830 [17 November 2017]

[1] Following a Judge-alone trial in the District Court, the appellant, Richard Martinson, was found guilty of careless driving, threatening behaviour, and wilful damage. He was ordered to pay $14,000 in reparation. He appealed against the reparation order.

[2] On 14 November 2017, I delivered a result judgment allowing the appeal. My reasons now follow.

The offending

[3] The charges arose out of a single incident that occurred on 26 August 2016. It began when Mr Martinson entered a roundabout and failed to give way to Mr Baird’s vehicle. Mr Baird had to brake sharply to avoid a collision, and sounded his horn. On exiting the roundabout onto Stadium Drive and hearing the sound of the horn, Mr Martinson stopped his vehicle, forcing Mr Baird to stop as well. This meant Mr Baird’s vehicle, which was towing a trailer, temporarily blocked the roundabout.

[4] Mr Martinson then pulled his vehicle into the flush median on Stadium Drive to turn right. As Mr Baird’s vehicle passed him, Mr Martinson turned to the left, striking Mr Baird’s vehicle. Mr Baird moved forward in an attempt to take evasive action, at which point Mr Martinson’s vehicle collected the trailer Mr Baird was towing. Substantial damage was caused to Mr Baird’s vehicle and particularly to his trailer.

[5] Mr Martinson exited his vehicle and approached Mr Baird’s front passenger door. Finding it locked, he punched the vehicle’s side mirror, shattering the glass. When Mr Baird got out of his vehicle to inspect the damage, Mr Martinson yelled obscenities at him. At one point he said “You should get back in your car right now before I put your body back in the van”.

[6] As a result of the incident, Mr Martinson was convicted of careless driving,1

behaving threateningly,2 and wilful damage.3

[7] Mr Baird’s victim impact statement records that he found Mr Martinson’s actions very intimidating, and that he believed Mr Martinson was going to assault him. He did not receive any injuries as a result of the crash. He had obtained a quote of
$14,196.44 from Wallace Heron Ltd to repair his van and trailer. He requires the van and trailer for use in his business.

Mr Martinson’s personal circumstances

[8] Mr Martinson is 27 years old. He has no previous criminal convictions. However, he has accumulated a number of demerit points due to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2017] NZHC 2830
Decision Date: 17 November 2017

CaseChat Overview and Summary

Richard Joseph Martinson appeals against a reparation order made by the District Court, which required him to pay $14,000 for damage he caused to another driver's vehicle. The appeal was heard by Duffy J in the High Court, who allowed the appeal and set the reparation order aside, ordering the matter to be remitted to the District Court for reconsideration. Martinson was found guilty of careless driving, threatening behaviour, and wilful damage, following an incident where he struck another driver's vehicle and trailer. The victim obtained a quote of $14,196.44 for repair of the vehicle and trailer, and required the vehicle for use in his business. Martinson was ordered to pay reparation at a rate of $20 per week. Martinson appealed against the reparation order on two grounds: first, that the Court erred in imposing reparation given his personal circumstances, and second, that the amount of reparation imposed did not correspond to the evidence of damage. The Court found that a reparation order of $14,000 was a significant sum, and in the absence of a reparation report it was difficult to ascertain whether or not the sum was realistic. A reparation report would have provided the Judge with information as to the nature and value of the loss or damage, and Martinson’s financial capacity. The Court found that the Judge had insufficient information before him to enable him to assess the value of the loss or damage and Martinson’s financial means, and that he should have obtained a reparation report. The appeal was accordingly allowed and the reparation order set aside, and the matter was remitted to the District Court for reconsideration after a reparation report was obtained.

Orders