IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2022-409-41 [2022] NZHC 1439
BETWEEN CHRISTOPHER STEVEN PETER ROBERTS
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 8 June 2022 Appearances:
R J Burnside for Appellant S J Mallett for Respondent
Judgment:
17 June 2022
JUDGMENT OF DUNNINGHAM J
This judgment was delivered by me on 17 June 2022 at 2.15 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
ROBERTS v NEW ZEALAND POLICE [2022] NZHC 1439 [17 June 2022]
Introduction
[1] Mr Roberts was charged with driving with excess breath alcohol third or subsequent.1 He appeared before Judge Couch in the District Court on 28 February 2022 for sentencing. The Judge sentenced Mr Roberts to four months’ community detention and disqualified him from holding or obtaining a driver’s licence for one year and one month from 1 February that year.2 In doing so, the Judge declined Mr Roberts’ application under s 94 of the Land Transport Act 1998 (LTA), to have a community-based sentence imposed instead of disqualification. Mr Roberts appeals both aspects of this sentence.
Background
[2] On the evening of Sunday 25 July 2021, Mr Roberts was driving at excess speed near Methven, when he was stopped by police. His breath was found to contain 527 micrograms of alcohol per litre of breath. Mr Roberts was charged with driving with excess breath alcohol.
[3] On 6 November 2021 Mr Roberts was served a notice that his licence was suspended for excess demerit points, as the police had issued an infringement notice for the excess speeding on 25 July 2021. This resulted in 50 demerit points and a subsequent loss of licence for three months until 5 February 2022.
[4] On 28 February 2022 the sentencing took place and Mr Roberts’ application under s 94 LTA was declined. It is this sentencing decision which is appealed.
[5] On 2 March 2022 Mr Roberts drove while disqualified (third or subsequent). He was sentenced on 16 May 2022 to 60 hours of community work after a successful application under s 94.
1 Land Transport Act 1998, s 56(1) and 56(4).
2 Police v Roberts [2022] NZDC 4520.
District Court decision
[6] In sentencing Mr Roberts on 28 February 2022, the Judge noted this was Mr Roberts’ seventh alcohol driving conviction, with the previous convictions spanning the period from 1993 to 2010. It was considered by the Judge that this offending was aggravated by the fact Mr Roberts was also speeding when impaired. He also noted the offending “appears to have been further aggravated” by the fact Mr Roberts did not have a driver’s licence when the offending occurred. In light of these factors, the Judge concluded the gravity of the offending was serious and that he would be justified in taking a starting point of 10 months’ imprisonment. However, the Judge then said he did not intend to go down that path as he considered a less restrictive sentence…
Continue reading Roberts v Police
Sign in free to access the full text
- AGLC
- Roberts v Police [2022] NZHC 1439
- Case
- [2022] NZHC 1439
- Decision Date
CaseChat Overview and Summary
The High Court found that the District Court Judge did not disregard the content of Mr Roberts’ affidavit and considered the relevant circumstances of the case and the offender. The Court was satisfied that the Judge had exercised his discretion appropriately in refusing the s 94 option. In terms of public safety considerations, the Court found that the current conviction for driving with excess breath alcohol third or subsequent, and at excessive speed, was indicative of irresponsible driving, which the public should be protected from. However, the Court also considered it generally in the public interest that Mr Roberts resumes employment. The Court concluded that the Judge had regard to the relevant factors under s 94 of the LTA and exercised his discretion appropriately in refusing that option.
The Court also examined the community detention sentence and found that the sentence did not automatically require revision because circumstances subsequent to the sentencing decision made it more onerous. The Court considered that what Mr Roberts was really seeking, in practical terms, was to vary the sentence of community detention, or substitute it, in a way that would facilitate his continued employment. The Court deferred the recommencement of the balance of Mr Roberts’ community detention sentence to 1 August 2022, to allow him time to make appropriate arrangements with his employer to serve the balance of this sentence or, alternatively, to make an application under s 69I to the District Court to facilitate him maintaining his current employment.
In summary, the appeal was dismissed. The sentence imposed was not manifestly excessive; however, the Court deferred the recommencement of the balance of Mr Roberts’ community detention sentence to 1 August 2022 to assist in his rehabilitation.
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.