Rangi v Police - [2024] NZHC 1937

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

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

CRI-2024-488-000039

CRI-2024-488-000040 [2024] NZHC 1937

BETWEEN
METAHA HARLEY RANGI

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 10 July 2024 (via AVL)

Appearances:

C Murray for Appellant C Megala for Respondent

Judgment:

16 July 2024

JUDGMENT OF GORDON J

This judgment was delivered by me on 16 July 2024 at 10 am

……………………………… Registrar/Deputy Registrar

Solicitors:
Davidson & Associates, Kaikohe
Marsden Woods Inskip Smith, Crown Solicitor, Whangarei

RANGI v NEW ZEALAND POLICE [2024] NZHC 1937 [16 July 2024]

[1] The appellant, Metaha Rangi, pleaded guilty to two charges of driving with excess breath alcohol (EBA) for the third or subsequent time1 and three charges of driving while disqualified for the third or subsequent time.2 Judge D J McDonald sentenced Mr Rangi to 26 months’ imprisonment.3 He appeals his sentence on the grounds that:

(a)The uplift for the offending on 2 October 2023 (driving while disqualified) was excessive.

(b)The uplift for prior offending was excessive.

(c)The guilty plea discount of 20 per cent was inadequate. A full guilty plea discount of 25 per cent was appropriate.

(d)The Judge erred in adopting a cumulative approach rather than a concurrent approach with the result that the end sentence was manifestly excessive.

[2] Mr Megala, counsel for the respondent, says the Judge did not err as alleged and submits the end sentence was not manifestly excessive, considering Mr Rangi’s history and the aggravated nature of the offending.

The offending

[3] On 22 July 2023, Mr Rangi was driving along North Road in Kaitaia when he was stopped by Police. He underwent the excess breath alcohol procedure and returned a level of 597 micrograms of alcohol per litre of breath. He explained that he had “a few beers at a tangi” and was on his way home. At this time, Mr Rangi’s licence

1      Land Transport Act 1998, s 56(1) and (4): maximum penalty of two years’ imprisonment and 12 months’ disqualification.
2      Section 32(1) and (4): maximum penalty of two years’ imprisonment or a $6,000 fine and more than one year’s disqualification.
3      Police v Rangi [2024] NZDC 10508.

had been indefinitely revoked as part of a sentence for previous EBA and driving while disqualified charges in 2021.

[4] On 2 October 2023, Mr Rangi was driving along Whitaker Road in Warkworth when he was again stopped by Police. It was discovered that he was a disqualified driver. His car was impounded for 28 days.

[5] Finally, on 7 May 2024, Mr Rangi was driving a motor vehicle bearing a false registration plate in Te Reinga Street, Kaitaia. He was followed by Police and signalled to stop. He underwent a breath screening test which he failed, returning a level of 702 micrograms of alcohol per litre of breath. He continued to be disqualified from holding a licence. Mr Rangi was arrested as he was in breach of bail conditions for the active charges.

[6]Accordingly, the offending for which…

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 Rangi v Police

Details

AGLC: Rangi v Police [2024] NZHC 1937
Case: [2024] NZHC 1937
Decision Date: 16 July 2024

CaseChat Overview and Summary

Metaha Rangi, the appellant, appeals against the sentence imposed by the District Court for multiple charges of driving with excess breath alcohol (EBA) and driving while disqualified. Rangi contends that the uplifts for the driving while disqualified charge on 2 October 2023 and for prior offending were excessive, that the guilty plea discount of 20 per cent was inadequate, and that the Judge erred in adopting a cumulative approach rather than a concurrent approach. The respondent, New Zealand Police, argues that the Judge did not err and that the sentence was not manifestly excessive, given Rangi’s history and the aggravated nature of the offending.

The court examined whether the Judge imposed an excessive uplift for the driving while disqualified charge on 2 October 2023. Rangi’s counsel argued for a two or three-month uplift, but the court found that the four-month uplift imposed was justified, considering Rangi’s history of similar offending and the principle of totality. Regarding the uplift for prior offending, the court found that the four-month uplift was appropriate, given Rangi’s extensive history of land transport act breaches. The court also considered the adequacy of the guilty plea discount, finding that a 20 per cent discount was appropriate given Rangi’s delay in entering his pleas. Finally, the court assessed whether the cumulative approach taken by the Judge was appropriate, considering the aggravating factors present in the offending. The court concluded that the cumulative approach was justified given Rangi’s recidivist offending and the need for deterrence.

The appeal was dismissed, and the sentence of 26 months’ imprisonment was affirmed, though the court noted that the correct sentence should have been 28 months’ imprisonment due to an arithmetical error in the Judge’s calculations.

Orders