IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY
I TE KŌTI MATUA O AOTEAROA TE TIHI-O-MARU ROHE
CRI-2024-476-21
[2024] NZHC 3308
IN THE MATTER of an appeal against sentence BETWEEN
LACHLAN KENNETH NIXON
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 7 November 2024 Appearances:
M L Bonniface for Appellant
C J Mitchelmore for Respondent
Judgment:
7 November 2024
ORAL JUDGMENT OF OSBORNE J
Introduction
[1] Lachlan Nixon (now aged 69) pleaded guilty to a charge of driving with excess breath alcohol (EBA),1 and a charge of driving while disqualified (third or subsequent).2 On 29 August 2024 he was sentenced by Judge C D Savage to six months’ home detention.
[2]Mr Nixon now appeals his sentence on the basis it was manifestly excessive.
1 Land Transport Act 1998, s 56(1) and 56(4). Maximum penalty: two years’ imprisonment or a fine not exceeding $6,000. The Court must order the person to be disqualified from holding or obtaining a driver licence for one year or more.
2 Land Transport Act 1998, s 32(1)(a) and 32(4). Maximum penalty: two years’ imprisonment or a fine not exceeding $6,000. The Court must order the person to be disqualified from holding or obtaining a driver licence for one year or more.
NIXON v NEW ZEALAND POLICE [2024] NZHC 3308 [7 November 2024]
Facts—the offending
[3] In June 2023, Mr Nixon was convicted of driving with EBA and driving while disqualified (third or subsequent). He was subsequently disqualified from driving for a further year. He remained disqualified at the time of the current offending.
[4] On 8 March 2024, Mr Nixon was driving a car in Waimate when he was stopped by police. He admitted to consuming alcohol. Breath testing procedures were subsequently carried out and Mr Nixon returned a result of 765 micrograms of alcohol per litre of breath.
[5]He was subsequently charged with the offences to which he has pleaded guilty.
Facts
Mr Nixon’s driving record
[6] Mr Nixon had eleven previous drink driving convictions, of which several related to offending while Mr Nixon was disqualified from driving.
Sentencing decision
[7] The Judge observed that a community-based sentence would be inappropriate given Mr Nixon has shown in the past he is unable to resist the temptation to drink and drive. The Judge identified his primary concerns in sentencing as being to deter Mr Nixon from reoffending and to send a message to the community that there will be not inconsequential restrictions on a person’s liberty if they repeatedly drink drive.
[8] The Judge viewed a sentence of community detention as an inadequate response to a twelfth drink driving offence. The Judge acknowledged the difficulties that flow from a sentence of home detention and the impact such would have on Mr Nixon’s ability to generate the income he needs to support himself. The Judge considered this was something Mr Nixon should have thought about before offending. The Judge said there was a very real possibility of Mr Nixon being sentenced to a term of imprisonment, but…
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- [2024] NZHC 3308
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