IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CRI-2013-409-000116 [2014] NZHC 219
ROMEET PRASAD
v
NEW ZEALAND POLICE
Hearing: 13 February 2014
Appearances: D Matthews for Mr Prasad
K South for the Respondent
Judgment: 19 February 2014
JUDGMENT OF DUNNINGHAM J
[1] This is an appeal against a decision by Judge Hunt in the District Court declining Mr Prasad’s application to substitute a community-based sentence instead of a period of disqualification from driving, pursuant to s 94 of the Land Transport Act 1998.
Background
[2] The appellant was sentenced to 50 hours community work and a six month period of disqualification from holding or obtaining a drivers licence, for driving while suspended contrary to s 32 of the Land Transport Act 1998.
[3] The conviction arose when, on 2 August 2013, the appellant had his driver’s
licence suspended for a period of three months, until 17 October 2013, on the basis of an excess of accumulated demerit points.
PRASAD v NEW ZEALAND POLICE [2014] NZHC 219 [19 February 2014]
[4] Shortly after he lost his licence, Mr Prasad was offered employment as a driver by Mr Anit Sharma, a courier franchisee. Their agreement was that Mr Prasad would commence employment once his driver’s licence was no longer suspended.
[5] However, on 28 August 2013, Mr Prasad was apprehended driving a short distance in his vehicle and was charged with driving while suspended. Mr Prasad pleaded guilty to the charge and appeared for sentencing before Judge Hunt in the Christchurch District Court on 31 October 2013.
The District Court decision
[6] In his sentencing decision the District Court Judge declined to apply s 94 on the basis that when the appellant drove on 28 August he knew that there was then a prospect of employment. The Judge accordingly described the situation by saying that the Court was faced with a choice about a set of circumstances which were of the appellant’s own making, both in terms of the fact that he decided to drive while disqualified and secondly, because he chose to start and make the investment of time in training in a job while the disqualification charge was pending.
[7] Of particular significance to the Judge was that the appellant was not a person attempting to “maintain” employment as opposed to “securing” employment. Nor was he a person trapped in a cycle of recidivism in the sense that the appellant was not a person who had little prospect of ever getting his driver’s licence back because of repeated offending.
[8] Finally, the Judge expressed the view that granting an application in these circumstances would create a much broader category of people to come before the Court with similar explanations, and that would “undermine the consequences of the driving behaviour of the driver on this occasion and off (sic) the breach of the Court order”.
Submissions
[9] Mr Matthews for the appellant submitted that the Judge’s decision was wrong
in principle for three key reasons. First, the Judge wrongly considered…
Continue reading Prasad v Police
Sign in free to access the full text
- AGLC
- Prasad v Police [2014] NZHC 219
- Case
- [2014] NZHC 219
- Decision Date
CaseChat Overview and Summary
The High Court found that the District Court Judge had indeed erred in his application of s 94. The Judge had erred in relying on the distinction between "maintaining" and "securing" employment, as this consideration was not relevant to the decision. Additionally, the Judge had taken into account an irrelevant consideration by contemplating the precedent that this decision would set. The language of s 94 should not be confined by reading in restrictions on the number of applicants who should qualify based on their personal circumstances. The Court also found that the Judge had erred in principle by suggesting that granting the application would undermine the consequences of Mr Prasad's driving behaviour.
In light of these errors, the appeal was allowed, and the sentence imposed by the District Court was quashed. In its place, the High Court imposed a total sentence of 110 hours of community work, with 50 hours for the offence and 60 hours in lieu of the disqualification that would otherwise be mandatory, under s 94.
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.