Neho v Police

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2016-409-36 [2016] NZHC 1290

BETWEEN

SAM NEHO

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:	8 June 2016
Appearances:	J Lucas for Appellant N Pointer for Respondent
Judgment:	16 June 2016

JUDGMENT OF MANDER J

[1]      The appellant, Mr Sam Neho, was the subject of an effective sentence of six months  home  detention  and  150  hours  community  work.1      The  sentence  was imposed on the following charges:

(a)       two  charges  of  driving  with  excess  breath/blood  alcohol  (in  its aggravated form);

(b)      dangerous driving;

(c)       driving while suspended;

(d)      unlawfully being in a building; and

(e)       possession of an offensive weapon.

1      Police v Neho [2016] NZDC 5732.

NEHO v NEW ZEALAND POLICE [2016] NZHC 1290 [16 June 2016]

He was disqualified from driving for a finite period of one year as well as being disqualified indefinitely.

[2]      Mr  Neho  appeals  his  sentence  on  the  basis  the  District  Court  erred  in imposing  community  work  and  that  the  commencement  of  the  disqualification should have been backdated.

Background

Factual background

[3]      On 12 April 2014, Mr Neho drove with excess breath alcohol in Nelson.  His licence was suspended for 28 days.  Eight days later he was apprehended driving his motor vehicle in Lewis Pass in breach of that suspension.

[4]      On 19 December 2014, Mr Neho was arrested and charged with possession of a pistol, presenting a pistol, unlawfully being in a building, driving with excess blood alcohol, driving dangerously, and possession of an offensive weapon.  Those charges arose out of an incident in Christchurch when Mr Neho, in an intoxicated state, confronted his neighbours over a perceived grievance.  It was alleged he had brought a pistol, pointed it at his neighbours, and entered their house.  He had driven away dangerously, running a stop sign.  Mr Neho maintained he had possession of a bar not a pistol.

Procedural background

[5]      Mr Neho was bailed to Timaru.  He was subject to restrictive bail conditions, including, at least initially, a 24 hour curfew and prohibited from driving and consuming alcohol.

[6]      The Nelson matters were transferred to Christchurch, and Mr Neho entered pleas of guilty.  He had earlier intimated a guilty plea to the December driving with excess blood alcohol charge at a case review hearing.   A pre-sentence report was prepared, however, his sentencing scheduled for June 2015 was postponed pending the outcome of the charges arising out of the December 2014 incident.

[7]      In February 2016, Mr Neho’s trial proceeded in the Christchurch District Court.   Part way through the hearing matters were resolved largely in Mr Neho’s favour.   Charges of burglary, possession of a pistol and presenting a pistol were dismissed.  The possession of an offensive weapon was amended to that of a steel bar, and he pleaded guilty to unlawfully being in a building and dangerous driving. An electronically monitored sentence was indicated.

Mr Neho’s health problems

[8]      At that time a letter from Mr Neho’s doctor was presented to the Court.  This advised that Mr…