Peltzer v Police

Case [2022] NZHC 1572


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2022-404-000178

[2022] NZHC 1572

BETWEEN

REBECCA LOUISE PELTZER

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 28 June 2022

Appearances:

Sue Kim for the Appellant (via VMR)

Matthew Mortimer-Wang and Fiona Wu for the Respondent

Judgment:

4 July 2022


JUDGMENT OF MOORE J

[Appeal against sentence]


This judgment was delivered by me on 4 July 2022 at 3:00 pm.

Registrar / Deputy Registrar Date:

PELTZER v NEW ZEALAND POLICE [2022] NZHC 1572 [4 July 2022]

Introduction

[1]    Rebecca Louise Peltzer pleaded guilty to one charge of dangerous driving1 and one charge of driving with blood containing a controlled drug.2 On 5 May 2022, Judge N R Dawson sentenced her to 120 hours’ community work, 12 months’ disqualification from driving, 12 months’ supervision, and payment of an analyst’s fee and medical costs.3

[2]    Ms Peltzer now appeals her sentences of community work and disqualification from driving on the grounds that the sentencing Judge:

(a)failed to make any adjustment for the totality principle;

(b)failed to give weight to her medical condition as part of the circumstances of the offending;

(c)failed to give appropriate weight to her previous good character and rehabilitation efforts; and

(d)failed to give appropriate weight to her circumstances and mitigating features when imposing the disqualification.

The facts

[3]    The dangerous driving charge arose from an incident at about  8:15 pm  on  15 September 2020. Ms Peltzer was driving her car on the Coatesville-Riverhead Highway in Coatesville. She was seen driving erratically, swerving between lanes, crossing the centre line and driving into oncoming traffic. A member of the public reported her car’s details to the Police. Shortly afterwards, her car was found stopped. Although it is not entirely clear from the summary, it seems that a member of the


1      Land Transport Act 1998, s 35(1)(b) and (2). Maximum penalty of three months’ imprisonment or a fine not exceeding $4,500, and disqualification from holding or obtaining a driver licence for at least six months.

2      Land Transport Act 1998, s 58(1)(b) and (2). Maximum penalty of three months’ imprisonment or a fine not exceeding $4,500, and disqualification from holding or obtaining a driver licence for at least six months.

3      Police v Peltzer [2022] NZDC 9155.

public  must  have  stopped  and  saw  Ms  Peltzer  in  the  driver’s  seat.     She was unconscious and unresponsive. An ambulance was called.

[4]    However, before the ambulance arrived, Ms Peltzer regained consciousness and drove off. She veered across the centre line onto the wrong side of the road and into the path of an incoming Police car, causing it to brake heavily. The cars narrowly avoided a head-on collision. The Police stopped and spoke to Ms Peltzer. The summary describes her as displaying “abnormal physical behaviour”. She was seen to be unsteady on her feet and talking incoherently. She underwent compulsory impairment testing procedures, which the summary says she did not complete “in a satisfactory manner”. She was…

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Peltzer v Police [2022] NZHC 1572
Case
[2022] NZHC 1572
Decision Date

CaseChat Overview and Summary

Rebecca Louise Peltzer appealed against the sentence imposed by Judge Dawson on her convictions for dangerous driving and driving with blood containing a controlled drug. The appeal was heard in the High Court of New Zealand at Auckland on 28 June 2022. Peltzer contended that the Judge failed to adequately consider the totality principle, her medical condition, her previous good character and her rehabilitation efforts. She also argued that the cumulative effect of the disqualifications from driving was manifestly excessive.

The Court held that while the Judge did not expressly refer to the totality principle, he was alive to the requirement to maintain proportionality. The sentence of 120 hours of community work was not manifestly excessive given the circumstances of the offending. Regarding the medical condition, the Court found that the medical reports did not corroborate Peltzer's account and that she had not disclosed her drug use to her doctor. Therefore, little weight could be given to her medical condition as a mitigating factor. The Court agreed with the Judge that a five per cent discount for Peltzer's good character was appropriate, and that no discount for rehabilitative efforts was warranted on the evidence before the Court. The cumulative effect of the disqualifications from driving was not manifestly excessive. However, the Court agreed to backdate the disqualifications to the dates when Peltzer could have pleaded guilty, in light of the COVID-19 delays and the assurances of Peltzer's counsel.

The Court allowed the appeal in part and ordered that the first period of disqualification be backdated to 7 September 2021, and the second period be backdated to 2 March 2022. The balance of the sentence imposed by the Judge remains.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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