R v James

[2012] NZHC 3470

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CRI-2010-031-1812 [2012] NZHC 3470

THE QUEEN

v

KYLE RICHARD JAMES

Hearing:         17 December 2012

Appearances: P L Murray for Crown

S N Hewson for James

Judgment:      17 December 2012

ORAL JUDGMENT OF MACKENZIE J

[1]      Mr James  applies  for  a  limited  licence  to  drive  for  the  purposes  of  his employment.   I need not describe the background to the disqualification and the reasons why it was imposed.  Mr James has been released on parole.  I note that one of the circumstances which were considered relevant by the parole board was employment.   Mr James’ former employer supported him.  The employer has now made good that support by offering employment to Mr James.  But it does require that he drives vehicles within the company’s yards and between their yards which are at a limited geographical area in Lower Hutt.  I am satisfied that the granting of a limited licence for that purpose is appropriate.  There will be no risk to the public provided of course that the terms are adhered to, and it is a necessary element of Mr James rehabilitation that he should be able to be employed and to have this

approval.

R V JAMES HC PMN CRI-2010-031-1812 [17 December 2012]

[2]      I make an order in terms of the amended order submitted during the course of the  hearing.    I  have  altered  that  to  reflect  a  concern,  quite  properly  raised  by Mr Murray, that the boundaries as proposed would pass a school.  The amendment is intended to eliminate that.

[3]      That application is granted on that basis.

“A D MacKenzie J”

Solicitors:         Crown Solicitor’s office, Palmerston North.

Ord Legal, Wellington.