IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2015-404-000229 [2015] NZHC 2361
BETWEEN VINESH CHRISTIAN PATEL
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 21 September 2015 Appearances:
Alistair Haskett for the Appellant
Steven O'Connor for the RespondentJudgment:
29 September 2015
JUDGMENT OF MOORE J [Appeal against conviction]
This judgment was delivered by me on 29 September 2015 at 4:30pm pursuant to Rule 11.5 of the High Court Rules.
Registrar/ Deputy Registrar
Date:
PATEL v NEW ZEALAND POLICE [2015] NZHC 2361 [29 September 2015]
Introduction
[1] Vinesh Christian Patel was convicted in the District Court at Auckland on one charge of driving with excess blood alcohol following a defended hearing before her Honour Judge P Sinclair. Mr Patel was fined $600 with Court costs of $130. He was disqualified from driving for a period of six months.
[2] He appeals against his conviction on four specific grounds, although these can be broadly categorised as follows:
(a) his right to a lawyer under s 23(1) of the New Zealand Bill of Rights
Act 1990 (“NZBORA”) was breached; and
(b)the constable was not entitled to require Mr Patel to provide a blood sample.
Factual background
[3] At 2:24am on 17 August 2014, Mr Patel was stopped at a Police check point and required to undertake a road side alcohol breath test. This returned a positive reading of over 400 micrograms of alcohol per litre of breath which justified the Police officer dealing with Mr Patel, Constable Pukeiti, to require Mr Patel to accompany him to the Ellerslie Police Station for the purposes of undergoing an evidential breath test, blood test or both. The constable advised Mr Patel of the reasons he was being detained and advised him of his rights under NZBORA including the right to consult and instruct a lawyer from the time a telephone was made available to him. He also advised Mr Patel that the Police had a list of lawyers he could speak to for free and he would be given reasonable time to consult and instruct a lawyer of his choice. Constable Pukeiti and Mr Patel then left for the Ellerslie Police Station.
[4] Following their arrival at the Police station, Constable Pukeiti repeated Mr Patel’s rights under NZBORA. He asked Mr Patel if he would like to speak to a lawyer to which Mr Patel replied, “Yes”. The constable noted the time was 2:41am. The constable obtained the list of lawyers and invited Mr Patel to choose one. From
the evidence it seems that the constable called the lawyer chosen by Mr Patel but there was no answer. Attempts were made to contact a second lawyer. This was unsuccessful for the same reason.
[5] The third attempt was successful. Constable Pukeiti spoke to a Ms S following which he escorted Mr Patel into a separate room. He closed the door and allowed Mr Patel to speak with the lawyer in private. He noted the time was
2:45am.
[6] There was some dispute at the hearing…
Continue reading Patel v Police
Sign in free to access the full text
- AGLC
- Patel v Police [2015] NZHC 2361
- Case
- [2015] NZHC 2361
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.