Ram v Police

[2016] NZHC 1975

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CRI-2015-425-4 [2016] NZHC 1975

IN THE MATTER OF	an appeal against sentence
BETWEEN	VINNY VINESH KUMAR RAM Appellant
AND	NEW ZEALAND POLICE Respondent

Hearing:	22 August 2016
Appearances:	No appearance for the Appellant R W Donnelly for the Respondent
Judgment	23 August 2016

JUDGMENT OF NICHOLAS DAVIDSON J

Appeal

[1]      This matter was called before me but Mr Ram was not present.

[2]      Mr Donnelly for the Crown  undertook  to  set  out  the Crown  position  to resolve the rather tangled history of the charges faced by Mr Ram.

[3]      The Crown’s position is that the appeal should be allowed and the sentences of one and a half months imprisonment cumulative on charges of wilful damage and driving with excess breach alcohol be cancelled.

[4]      This would leave the convictions in place and the indefinite disqualification

imposed by Judge O’Driscoll.

[5]      The reason for the Crown’s position is that the appellant has been convicted

and discharged in respect of the criminal harassment charge.  This conviction was

RAM v NEW ZEALAND POLICE [2016] NZHC 1975 [23 August 2016]

originally overturned on appeal.   A protection order has been made.   Without the criminal harassment charge it is doubtful the appellant would have been sentenced to imprisonment on the other two charges.   In addition, prior to the matter coming before Brown J the appellant had already served a sentence which was more than the equivalent of the maximum sentences for the remaining wilful damage and driving with excess breath alcohol.

Disposition

[6]      The appeal is allowed and the sentences of imprisonment imposed on the charge of wilful damage and excess breath alcohol are cancelled.  The convictions remain.

[7]      Leave is reserved if any further issue arises.

………………………………….

Nicholas Davidson J

Solicitors:

Preston Russell Law, Invercargill

Southern Law, Arrowtown cc: Mr VVK Ram