IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2015-404-000277 [2015] NZHC 2532
BETWEEN DOROTHY OPETAIA
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 6 October 2015 Appearances:
Richard Slade for the Appellant
Kate Muirhead for the RespondentJudgment:
14 October 2015
JUDGMENT OF MOORE J [Appeal against sentence]
This judgment was delivered by me on 14 October 2015 at 3:00pm pursuant to Rule 11.5 of the High Court Rules.
Registrar/ Deputy Registrar
Date:
OPETAIA v NEW ZEALAND POLICE [2015] NZHC 2532 [14 October 2015]
Introduction
[1] On 14 August 2014 Dorothy Opetaia was sentenced by Judge Fraser in the District Court at Auckland to 15 months’ imprisonment and 18 months’ disqualification for driving.1
[2] This sentence was imposed following pleas of guilty entered in respect of the following charges:
(a) four charges of driving while disqualified (third or subsequent);2 (b) one representative charge of breach of intensive supervision;3 and (c) one charge of giving false details to the Police.4
[3] At sentencing the Judge also granted the Department of Corrections’ application to cancel Ms Opetaia’s sentence of intensive supervision which had been imposed in September 2014 when she was sentenced on three charges of driving while disqualified, giving false details and failing to remain for an enforcement officer.
[4] Ms Opetaia now appeals her sentence on the grounds that in various ways the sentencing Judge erred. The essence of the appeal is that the sentence was manifestly excessive.
Factual background
[5] On 26 September 2014 Ms Opetaia was sentenced to three charges of driving while disqualified, one charge of failing to remain for an enforcement officer, one charge of giving false details and a charge of breaching her prison release conditions. She was sentenced to intensive supervision and was disqualified for driving for six
months.
1 New Zealand Police v Opetaia [2015] NZDC 16238.
2 Land Transport Act 1998, ss 32(1)(c) and 32(4): maximum penalty two years’ imprisonment,
$6,000 fine, more than one year of disqualification.
3 Land Transport Act 1998, s 44: maximum penalty $10,000 fine.
4 This sentence in relation to this charge does not appear to be subject to appeal.
[6] However, just a week later on 3 October 2014 she was seen in Glen Innes driving a black Subaru. She was pulled over. It was discovered she was a disqualified driver. She offered no explanation.
[7] Then, on 8 November 2014, a little over a month later, Ms Opetaia was involved in a domestic incident at a residential address in Glen Innes. The Police were called. Ms Opetaia was seen to drive away from the address in the Subaru.
[8] Just six days later on 14 November 2014, Ms Opetaia was again seen driving in Glen Innes, this time in a Honda. She was stopped by the Police who recognised her as a disqualified driver. She said she knew she was disqualified but she had to get to an urgent doctor’s appointment in East Tamaki as she was four months pregnant and there was no one…
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