IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CRI-2015-409-000089
CRI-2015-409-000090 [2015] NZHC 2373
BETWEEN DANIEL MATTHEW OLLIVER
MEARES Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 29 September 2015 Appearances:
J Lucas for Appellant
K J Basire for CrownJudgment:
30 September 2015
JUDGMENT OF DUNNINGHAM J
[1] Mr Meares appeals his sentence of 15 months’ imprisonment on the
following offences:
(a) drove with excess blood alcohol (third or subsequent); (b) careless driving;
(c) threatening to kill.
[2] On 26 June 2015, Mr Meares was sentenced on the first two offences to nine months’ imprisonment, three months’ disqualification and an alcohol interlock licence disqualification order.1 On 20 July 2015 a further sentence of six months’
imprisonment was imposed on the third charge.2
1 Police v Meares [2015] NZDC 11882.
2 Police v Meares [2015] NZDC 13759.
Grounds of appeal
[3] The grounds for appeal are that the sentencing Judge erred by failing to adjust the sentence to account for the totality principle. As a result, the end sentence was manifestly excessive. The appellant considers that in undertaking the sentencing exercise afresh, a reduced sentence in the vicinity of 12 months or less should be imposed.
Principles applying on appeal
[4] This is an appeal under s 244 and 250 of the Criminal Procedure Act 2011. The appeal must be allowed if I am satisfied that there was an error in the sentence imposed on conviction and that a different sentence should be imposed.
[5] It is accepted that where the sentence is “manifestly excessive”, that is an error supporting an appeal. In deciding whether the end sentence is manifestly excessive, I do not need to be concerned with how the end sentence was reached, but rather whether it is “in a range that can properly be justified by accepted sentencing principles”.3
Background facts
[6] The appellant is a recidivist offender. The excess breath alcohol charge was his ninth conviction for alcohol-related driving offences (six excess blood alcohol convictions, one conviction for being a person under 20 exceeding breath alcohol limit and two convictions for refusing an officer’s request for blood specimen). He has also been convicted on 10 charges of driving while disqualified.
[7] The offending committed on 31 August 2014 involved the appellant approaching a vehicle at speed on the Christchurch side of the Lyttelton tunnel. This vehicle was positioned to warn drivers of approaching road works. There were
workers at the main site. The speed limit was reduced to 30 kilometres per hour.
3 Larkin v Ministry of Social Development [2015] NZHC 680 at [26], citing Ripia v R [2011] NZCA 101 at [15].
[8] The appellant overtook this vehicle at speed, estimated at 80-90 kilometres per hour, causing the workmen to get out of their truck and seek refuge on the road verge as the appellant approached them. When the appellant slowed at the last minute, the workers attempted to speak to him. They could smell alcohol on his breath and he took off accelerating into the…
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- Case
- [2015] NZHC 2373
- Decision Date
CaseChat Overview and Summary
The court held that the appeal would be allowed if it was satisfied that there was an error in the sentence imposed and that a different sentence should be imposed. The court noted that where a sentence is manifestly excessive, that is an error supporting an appeal. The court found that the sentence for the driving offences was at the lower end of the scale, while the sentence for the threatening to kill charge, while at the higher end of the spectrum, withstood scrutiny when considered in isolation. The court concluded that the end sentence of 15 months reflected a fair sentence for the driving offences and a modest uplift for the separate offence of threatening to kill. The court found that the sentence did not breach the totality principle and dismissed the appeal.
The final orders of the court were that the appeal was dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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