Peltzer v Police - [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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Peltzer v Police

Details

AGLC: Peltzer v Police [2022] NZHC 1572
Case: [2022] NZHC 1572
Decision Date: 4 July 2022

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