Meyerhoff v Police

[2012] NZHC 3216

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2012-409-000086 [2012] NZHC 3216

ANNA CHRISTINA MEYERHOFF

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         29 November 2012

Appearances: A G Ogilvie for Appellant

K Basire for Respondent

Judgment:      29 November 2012

ORAL JUDGMENT OF FOGARTY J

[1]      This  is  an  appeal  against  a  decision  of  the  District  Court,  Judge  H  M Simpson.  The appellant was stopped at a checkpoint and blew 1,048 micrograms of alcohol per litre of breath, the statutory maximum being 400.   This is more than double the statutory maximum.

[2]      The Judge imposed a sentence of two years’ disqualification plus a period of indefinite disqualification plus 300 hours’ community work.  Helpfully Ms Basire for the Crown has acknowledged that this sentence is manifestly excessive and the Crown suggests against the authorities that an appropriate sentence would have been

12 months’ disqualification and either 120 to 150 community hours or $2,000 in

fines.

ANNA CHRISTINA MEYERHOFF V NEW ZEALAND POLICE HC CHCH CRI-2012-409-000086 [29

November 2012]

[3]      Mr Ogilvie for the appellant takes no issue with the 12 months which is a minimum period so the issue has really been one of community work or fines.  The appellant is in employment.   She works as a barista.   Mr Ogilvie relying on the recent case of Blyth v Police[1] argues the appropriate penalty in this sort of case is a fine, so the issue comes down to whether the fine should be $2,000 as suggested by the Crown or less.  There is some discussion of that in Blyth.  I am more focused on

making sure that the fine is paid and I have discussed with Mr Ogilvie and have confirmation from his client who is present in court that she can in fact afford payment of a fine at $50 per week and I have built up the fine this way.

[1] Blyth v Police [2012] NZHC 875

[4]      The result of this appeal is the appeal is allowed, the penalties are quashed. The new penalties are disqualification for 12 months and a $1,500 fine to be paid at the rate of $50 per week.  Because s 65 of the Act applies there will also be indefinite disqualification.

Solicitors:

Better Lawyers Ltd, P O Box 13-921 Christchurch - [email protected]

Raymond Donnelly & Co, Christchurch – [email protected]