Pirini v Police - [2025] NZHC 1398

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CRI-2025-488-0035

[2025] NZHC 1398

BETWEEN
FREEDOM CHANCE PIRINI

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 19 May 2025

Appearances:

T Luders for the appellant D Soich for the respondent

Judgment:

30 May 2025

JUDGMENT OF BLANCHARD J

[Appeal against sentence]

This judgment was delivered by me on 30 May 2025 at 2.00 pm Registrar/Deputy Registrar

Solicitors:
WRMK Lawyers, Whangārei
Marsden Woods Inskip Smith, Whangārei

PIRINI v NEW ZEALAND POLICE [2025] NZHC 1398 [30 May 2025]

[1] Mr Pirini appeals against a sentence by Judge A A Couch dated 24 January 2025,1 sentencing him to two years and four months’ imprisonment for two separate sets of driving related offences to which he had pleaded guilty.

The offending

March 2024 offending

[2]The first set of offending occurred on 3 March 2024.

[3] Mr Pirini was driving in an unregistered yellow Suzuki dirt bike. He drove across the bridge at Donald Lane in Kaitaia and headed up Donald Road. Police were immediately behind him and activated red and blue flashing lights and a siren, but he did not stop.

[4] Donald Lane is a residential area with a 50-kilometres-per-hour speed limit. Mr Pirini accelerated to speeds between 60 to 80 kilometres per hour. He headed east towards Oturu, past a local school, and then headed south along Oturu Road.

[5] Approximately two kilometres down Oturu Road, the road changes from tar seal to gravel. Despite the road being gravel and also windy, Mr Pirini continued to drive at approximately 60 to 80 kilometres per hour.

[6] Mr Pirini then turned left onto Clough Road and continued to head south. He came to the end of Clough Road and turned left onto State Highway One in Pamapuria. He accelerated again to approximately 60 to 80 kilometres per hour.

[7] The Police had been following him all this time. He frequently looked back at them.

[8] Mr Pirini drove approximately three kilometres south to the intersection of Takahue Road and the State Highway in Takahue. He then dumped his bike, and ran across the Highway and into farming paddocks towards a stream. The Police pursued him and located him after he jumped into a stream.

1 New Zealand Police v Pirini [2025] NZDC 1485.

[9] Mr Pirini was subsequently charged for the 15th time with driving while disqualified (making it a third or subsequent offence),2 and failing to stop when followed by red/blue flashing lights.3

November 2024 offending

[10]The second set of offending occurred on 11 November 2024.

[11] The Police were on patrol on Jamieson Road in Kaitaia at 11.40 am. Mr Pirini was ahead of them driving a motor vehicle. They followed him due to the speed he was driving at. They followed him all the way to Bank Street, Kaitaia, where he parked.

[12] The Police spoke to him and placed him under arrest as he had a bail condition not to drive any motor…

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 Pirini v Police

Details

AGLC: Pirini v Police [2025] NZHC 1398
Case: [2025] NZHC 1398
Decision Date: 30 May 2025

CaseChat Overview and Summary

The High Court of New Zealand heard an appeal from Mr Pirini against the sentence imposed on him by Judge A A Couch in the Whangarei District Court. Mr Pirini had pleaded guilty to multiple charges of driving while disqualified and failing to stop when followed by police. The District Court had sentenced him to two years and four months' imprisonment. Mr Pirini appealed the sentence on the grounds that it was too high, that the uplifts for personal aggravating factors were excessive, and that a discount should have been applied for his background and personal circumstances. The legal principles for reviewing a sentence on appeal require that the sentence be manifestly excessive or wrong in principle, or there must be exceptional circumstances. The court considered the starting point for each charge, the uplifts for personal aggravating factors, and whether there should be a discount for background and personal circumstances. After considering the arguments from both parties, the High Court found that the District Court's sentence was appropriate and dismissed the appeal. The court upheld the sentence of two years and four months' imprisonment, noting that Mr Pirini's extensive criminal history and the nature of his offending warranted a significant custodial sentence.

Orders