IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2016-404-000072 [2016] NZHC 696
BETWEEN TROY TAWA
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 12 April 2016 Appearances:
J D Pennick for Appellant
J V Angelson and GM Woods-Child for RespondentJudgment:
15 April 2016
JUDGMENT OF WOOLFORD J
This judgment was delivered by me on Friday, 15 April 2016 at 11:30 am pursuant to r 11.5 of the High Court Rules 1985.
Registrar/Deputy Registrar
……………………………………
Solicitors: Meredith Connell (Crown Solicitor), Auckland, for Respondent
Counsel: JD Pennick, Barrister, Auckland, for Appellant
TAWA v NZ POLICE [2016] NZHC 696 [15 April 2016]
Introduction
[1] This is an appeal against a sentence of 23 months imprisonment imposed on
Mr Tawa by Judge RG Ronayne in the Auckland District Court on 23 February
2016.1 Mr Tawa had earlier pleaded guilty to:
(a) One charge of driving with excess blood alcohol being his fourth conviction for the same charge.2 This charge carries a maximum penalty of two years imprisonment.
(b)Two charges of driving while disqualified being his sixth and seventh convictions for the same charge.3 These charges carry maximum penalties of two years imprisonment.
(c) One charge of careless driving.4 This charge carries a maximum penalty of a fine not exceeding $3,000.
[2] Mr Tawa appeals on the basis that the sentence of 23 months imprisonment is manifestly excessive and, furthermore, that the Judge should have substituted the sentence of imprisonment with a community-based sentence.
Background
[3] The charges of which Mr Tawa was convicted arose out of two separate incidents. The first incident occurred on 21 August 2015. At about 6:45 pm Mr Tawa was driving a small 50cc motorcycle along a footpath in Taniwha Street, Glen Innes. It was dark and the motorcycle did not have headlights attached to it. Mr Tawa drove from the footpath across the road in front of a motor vehicle. He crashed into the front of the vehicle and was knocked off his motorcycle. He was taken to hospital where he was treated for a broken leg and a head wound. A blood test revealed that Mr Tawa’s blood alcohol content was 192 milligrams of alcohol per
100 millilitres of blood.
1 Police v Tawa [2016] NZDC 3094.
2 Land Transport Act 1998, ss 56(2) and 56(4).
3 Land Transport Act 1998, ss 32(1)(a) and 32(4).
4 Land Transport Act 1998, s 37(1).
[4] The second incident occurred on 7 November 2015. Mr Tawa was found driving the same motorcycle on Elstree Avenue, Glen Innes. The police stopped Mr Tawa because the motorcycle was not registered. Subsequent inquiries revealed that Mr Tawa had been disqualified from driving. Mr Tawa claims he had repaired the motorcycle and was intending to give it to his 15 year old daughter. He says he was test driving the motorcycle to make sure it was working.
[5] Mr Tawa has a number of convictions for drink-driving and driving while disqualified and although he has been sentenced to short terms of imprisonment on two…
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