Syratt v Police - [2016] NZHC 1972

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2016-409-000067 [2016] NZHC 1972

BETWEEN
JASON PAUL SYRATT

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing: 23 August 2016

Appearances:

L M Drummond for Appellant
K South for Respondent

Judgment:

23 August 2016

ORAL JUDGMENT OF DUNNINGHAM J

[1] Mr Syratt pleaded guilty to a charge of operating a vehicle on a road carelessly and thereby causing injury1 and to a charge of driving a motor vehicle on a road at a speed that is or might be dangerous to the public.2 The offending arose out of two separate incidents. Mr Syratt was sentenced on 10 June 2016 on both charges. His appeal is solely against the 12 month period of disqualification which
has effectively been imposed in his sentence.

Background

Facts

[2] The first charge relates to events on 24 February 2016 where Mr Syratt was driving on Antigua Street, Christchurch. He was waiting on the side of the road to pull out into a line of traffic. The victim was riding his bicycle in the bicycle lane
travelling in the same direction as the appellant. Failing to see the victim, Mr Syratt

1 Land Transport Act 1998, ss 8 and 38.
2 Section 35(1)(b).

pulled out in his car obstructing the bicycle lane and the victim collided with the front of the appellant’s vehicle. The victim suffered a cracked collarbone and damage to his bike. This resulted in the charge of carelessly operating a vehicle causing injury.

[3] Two months later, on 23 April 2016, Mr Syratt was riding a motorcycle out near Lincoln. He was travelling in a 100 kilometre per hour zone. Mr Syratt approached a car travelling close to the speed limit from behind at high speed and overtook the car, reaching a speed of 173 kilometres per hour in doing so. This resulted in the charge of driving at a dangerous speed.

Sentencing

[4] When Mr Syratt appeared for sentencing on the charge of careless operation causing injury, the Judge sentenced Mr Syratt to pay $1,780 in reparation for economic loss and emotional harm by way of lump sum to be paid by 8 July.3 On that charge the Judge also disqualified Mr Syratt from holding or obtaining a driver licence for six months. On the charge of driving at a dangerous speed Judge Couch imposed a fine of $600 and ordered Mr Syratt to pay court costs of $130.
Judge Couch also disqualified Mr Syratt from holding or obtaining a driver licence for a further six months, beginning from the expiry of the first order.

[5] The sentencing notes are not particularly detailed. However, in Court the following exchange occurred between Judge Couch and counsel for the appellant, Ms Drummond:4

THE COURT:

…you need to address me on how you suggest I should be dealing with the
other matter.

MS DRUMMOND:

In relation to that, Sir, in my submission, it should be dealt with by way of a fine and the disqualification should be dealt…

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.

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Details

Case: [2016] NZHC 1972
Decision Date: 23 August 2016

CaseChat Overview and Summary

The case of Syratt v Police is an appeal by Jason Paul Syratt against his sentence for careless driving causing injury and driving at a dangerous speed. Syratt was sentenced by Judge Couch to six months disqualification on each charge, imposed cumulatively, and fined. Syratt appealed against the 12 month period of disqualification imposed in his sentence. The primary legal issue before the court was whether cumulative disqualification periods were appropriate under the circumstances. The court found that the Judge had erred in imposing cumulative disqualification periods, and that the default position was that sentences would have been imposed concurrently. The court considered the questions discussed by Heath J in Nicol v Police, and determined that while cumulative disqualification periods were appropriate in this case, the sentences should have been imposed concurrently, with the second sentence being longer to reflect the degree of aggravation demonstrated by the second set of offending occurring after the first. The court substituted a sentence of eight months on the second charge, to be served concurrently. The appeal was allowed and the disqualification order imposed on the charge of driving at a dangerous speed was quashed. Syratt is disqualified from driving for eight months backdated to 10 June 2016. The fine and the order to pay Court costs remain and the sentence in relation to careless driving charge also remains.

Orders