IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY
I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE
CRI-2018-463-000035
[2018] NZHC 1448
BETWEEN CHRISTOPHER BASIL SKUDDER
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 12 June 2018 Appearances:
S Whitehead for Appellant
E F Collis and S J P Davison for Respondent
Judgment:
15 June 2018
JUDGMENT OF WYLIE J
This judgment was delivered by Justice Wylie On 15 June 2018 at 4.00pm
Pursuant to r 11.5 of the High Court Rules Registrar/Deputy Registrar
Date:…………………………
Solicitors/counsel:
Crown Solicitor, Tauranga S Whitehead, Tauranga
SKUDDER v NEW ZEALAND POLICE [2018] NZHC 1448 [15 June 2018]
Introduction
[1]The appellant, Christopher Skudder, pleaded guilty to the following charges:
(a)Refusing to provide a blood specimen (third or subsequent offence);1
(b)Driving while disqualified (third or subsequent offence);2 and
(c)Careless driving.3
[2] On 6 March 2018, Judge Bidois, in the District Court at Tauranga, sentenced Mr Skudder to 21 months’ imprisonment, and disqualified him from driving, pursuant to s 65(2) of the Land Transport Act 1998.4
[3] Mr Skudder appeals his sentence, arguing that it was manifestly excessive. The Crown opposes the appeal.
Relevant facts
[4] On 29 March 2017, Mr Skudder was disqualified from driving for a period of one year, commencing on that day.
[5]Notwithstanding this disqualification, on Wednesday 6 December 2017 at
10.35 pm, Mr Skudder was driving a motor vehicle on Wilson Road North, Maketu. He failed to negotiate a sharp bend and crashed his vehicle. It rolled several times, landing on its roof. Mr Skudder managed to free himself, and emergency services were called. Mr Skudder was transported to Tauranga Hospital, where he was required to permit a sample of blood to be taken. He refused to do so. When he was asked for an explanation, he declined to comment.
1 Land Transport Act 1998, s 60(1)(c). As per s 60(3), the maximum penalty is imprisonment for a term not exceeding two years or a fine not exceeding $6,000. The court must also order the person to be disqualified from holding or obtaining a driver licence for one year or more.
2 Land Transport Act, s 32(1)(a). As per s 32(4), the maximum penalty is imprisonment for a term not exceeding two years or a fine not exceeding $6,000. The court must also order the person to be disqualified from holding or obtaining a driver licence for one year or more.
3 Land Transport Act, s 37(1). As per s 37(2), the maximum penalty is a fine not exceeding $3,000. The court may also order the person to be disqualified from holding or obtaining a driver licence for such period as the court thinks fit.
4 Police v Skudder [2018] NZDC 4360 at [10]-[12].
District Court decision
[6] After setting out the relevant facts and noting Mr Skudder’s personal circumstances, Judge Bidois observed that the sentencing principles and purposes relevant to this offending:5
[4] … include holding you accountable for your offending and promoting a sense of responsibility in you. There is a…
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- Case
- [2018] NZHC 1448
- Decision Date
CaseChat Overview and Summary
The final orders of the court were that the appeal is dismissed, and the sentence of 21 months' imprisonment and indefinite disqualification from driving, as imposed by the District Court at Tauranga, is upheld.
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