IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGĀREI TERENGA PARĀOA ROHE
CRI-2018-488-000011
[2018] NZHC 787
BETWEEN ANAMARAEA ERIN POU
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 24 April 2018 Appearances:
D Sayes for the Appellant J Scott for the Respondent
Judgment:
24 April 2018
JUDGMENT OF WOOLFORD J
Solicitors: Marsden Woods Inskip Smith (Office of the Crown Solicitor), Whangarei Counsel: Mr D Sayes, Whangarei
POU v NZ POLICE [2018] NZHC 787 [24 April 2018]
Introduction
[1] On 14 February 2017, Anamaraea Erin Pou was sentenced to six months community detention on two charges of driving while disqualified, having been convicted at least twice previously of the same or similar offence. She was also disqualified from holding or obtaining a driver’s licence for 15 months, commencing on 26 April 2017.
[2] On 2 August 2017, Ms Pou pleaded guilty to a further two charges of driving while disqualified, having been convicted at least twice previously of the same or similar offence, one charge of failing to stop for a traffic officer and one representative charge of breaching the community detention order by failing to remain at the detention address during curfew hours. On the same day, Ms Pou did not oppose an application by the Department of Corrections to cancel the sentence of community detention and substitute another sentence. The sentence of community detention was thereupon cancelled.
[3] On 19 October 2017, Judge McDonald resentenced Ms Pou on the original two charges of driving while disqualified to three months home detention. The Judge also sentenced Ms Pou to four months home detention on the charge of breaching the community detention order. Then, on the two new charges of driving while disqualified, the Judge sentenced Ms Pou to seven months home detention. All sentences of home detention were concurrent. Finally, the Judge convicted and discharged Ms Pou on the failing to stop charge.
[4] Counsel submitted that instead of sentencing Ms Pou to another term of disqualification on top of her current term, the Judge should invoke the provisions of s 94 of the Land Transport Act 1998 (the Act) and sentence Ms Pou to a community- based sentence instead of another order for disqualification. The Judge said he did not have jurisdiction to do so and therefore disqualified Ms Pou from holding or obtaining a driver’s licence for another 12 months, commencing on 26 July 2018.
[5] Ms Pou now appeals against sentence on the sole issue of the applicability of s 94 of the Act. She submits that the Judge erred in law when he held that the Court had no jurisdiction to apply s 94 of the Act.
District Court judgment
[6]The District Court Judge dealt with the issue of s 94 of the Act as follows:1
The remaining question I have to decide is whether I can evoke [invoke] s 94 and not disqualify you? I have read Mr Sayes submissions. His argument is that although I sentence you to…
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