IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CRI-2014-409-91 [2014] NZHC 2642
BETWEEN GREGORY PAUL SYKES
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 23 October 2014 Appearances:
A James for Appellant
AMS Williams for RespondentJudgment:
28 October 2014
JUDGMENT OF MANDER J
[1] Mr Sykes was apprehended driving a motor vehicle whilst disqualified. The entry of a conviction for this latest episode represents Mr Sykes 40th conviction for driving while disqualified between 1976 and 2005.
[2] In sentencing Mr Sykes, Judge Couch took a starting point of 21 months imprisonment. An uplift of three months was added for Mr Sykes previous offending which included 14 convictions for alcohol-related driving, and the fact that he was subject to release conditions at the time of the offending. Credit was extended for Mr Sykes prompt guilty plea, resulting in a sentence of 18 months imprisonment.
[3] Mr Sykes appeals the length of sentence on the basis it was manifestly excessive. In support of that ground, it was submitted that the starting point of
21 months was too high and that the sentencing Judge had failed to take into account personal mitigating circumstances which should have otherwise reduced the sentence. A contention that Judge Couch had not properly considered the discretion
available to him under s 94 of the Land Transport Act 1998 was abandoned.
SYKES v NEW ZEALAND POLICE [2014] NZHC 2642 [28 October 2014]
Starting point
[4] On behalf of Mr Sykes it was submitted that a starting point of no more than one year was appropriate. It was emphasised that, apart from the act of driving while disqualified, no other aggravating factors applied. Mr Sykes was cooperative when apprehended and there were no aspects of his driving which caused concern.
[5] While the very large number of previous convictions for driving while disqualified was acknowledged, it was submitted that it had been over eight years since Mr Sykes had offended in this way. Reference was made to Peterson v Police,1 where Duffy J allowed an appeal against a sentence of 18 months imprisonment for driving while disqualified and imposed a term of 1 year and 1 month with special release conditions. In that case, the appellant had been stopped
as part of a police random breath testing operation and, apart from the act of driving while disqualified, no other aggravating features were present. In that case a starting point of 10 months imprisonment was uplifted by a further seven months to reflect some 76 previous convictions in the last nine years, including five for driving while disqualified.
[6] Mr Sykes also relied on Tua v Police,2 where Woodhouse J allowed an appeal against a sentence of 14 months imprisonment for the appellant’s eighteenth offence of driving while disqualified, substituting a sentence of community work. The Judge on appeal was critical of a failure to address other aspects of the offending beyond the bare number of previous convictions and a failure to consider the offender’s personal circumstances. A…
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- Case
- [2014] NZHC 2642
- Decision Date
CaseChat Overview and Summary
The High Court of New Zealand, Christchurch Registry, considered the appeal by Mr Sykes against the length of his sentence for driving while disqualified. Mr Sykes, who had a history of 39 prior convictions for driving while disqualified, was sentenced to 18 months imprisonment by Judge Couch. The court examined the approach to setting a starting point in cases of aggravated driving while disqualified, with the court preferring the approach that reflects the offender's total previous driving while disqualified record in the starting sentence for a current charge. The court found that the sentencing judge did not err in imposing the 18-month sentence of imprisonment and dismissed the appeal. The court also considered Mr Sykes' personal circumstances and mitigating factors but concluded that they did not warrant a more lenient sentence. The appeal was ultimately dismissed, and the original sentence was upheld.
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