IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CRI-2016-409-15 [2016] NZHC 839
BETWEEN RICHARD ERNEST ROPIHA
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 27 April 2016 Appearances:
K Paima for the Appellant
S E Burdes for the RespondentJudgment:
29 April 2016
JUDGMENT OF DAVIDSON J
Introduction
[1] This appeal is against sentence imposed by His Honour Judge MacAskill on
28 January 2016.1 The appeal is filed out of time but leave is not opposed, and is given.
[2] The sentence imposed included 12 months imprisonment on a range of offences, including the driving charges to which this appeal relates. Forfeiture and disqualification orders were made. The appellant was sentenced on three charges of driving while suspended, which occurred on different days within a two-week period.
· Driving while suspended (3rd or subsequent).2 Date of offence
2 October 2015.
1 Police v Ropiha [2016] NZDC 1277.
2 Land Transport Act 1998, s 32(1) and (4).
ROPIHA v NZ POLICE [2016] NZHC 839 [29 April 2016]
· Driving while suspended (1st or 2nd).3 Date of offence 7 October
2015.
· Driving while suspended (3rd or subsequent).4 Date of offence
16 October 2015.
[3] Mr Ropiha was also found in possession of 7.7g of methamphetamine5 and a needle for injecting for his own use6 when he was stopped on 16 October 2015, something that the appellant did not think was of consequence and that he “just gave himself a birthday present”. He was also found in possession of a firearm.7
[4] He has multiple prior convictions for driving with a suspended licence. These charges fell for consideration in terms of the penalties for a “third or subsequent offence”, for which a maximum term of imprisonment of 2 years, and a non-discretionary disqualification order for “1 year or more” are stipulated.
Grounds of appeal
[5] The appellant was sentenced to concurrent disqualification periods of
18 months which he submits was manifestly excessive.
[6] He also submits that Judge MacAskill failed to give reasons for sentence, and that he should have done so, as to why a disqualification period greater than the minimum of 1 year was imposed.
Relevant Principles on appeal
[7] The appeal against sentence is brought under s 244 of the Criminal Procedure
Act 2011.
3 Section 32(1) and (3).
4 Section 32(1) and (4).
5 Misuse of Drugs Act 1975, s 7(1)(a) and (2)(a).
6 Section 13(1)(a) and (3).
7 Arms Act 1983, s 45(1).
[8] This Court may only allow an appeal against sentence if it is satisfied that there has been an error in the imposition of the sentence, and that in the event, a different sentence should be imposed.8
[9] If the sentence under appeal may be properly justified having regard to the relevant sentencing principles, it is not the place of this Court to intervene and substitute its own views for those of the sentencing Judge. It is only if the sentence is “manifestly excessive” that the Court should interfere with the exercise of the…
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- Case
- [2016] NZHC 839
- Decision Date
CaseChat Overview and Summary
This case highlights the importance of considering public safety concerns in sentencing for driving while suspended, and the need for a balance between the need to keep dangerous drivers off the road and the need to provide offenders with hope of rehabilitation. The court emphasised that it should only intervene in cases where the sentence is "manifestly excessive", and that the discretion in relation to disqualification is "less fettered" than conventional sentencing.
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