Thompson v Police - [2024] NZHC 1748

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2024-409-94

[2024] NZHC 1748

BETWEEN
SHANNON HUGH THOMPSON

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 26 June 2024

Appearances:

M J Smit and J A Poff for Appellant L Fiennes for Respondent

Judgment:

1 July 2024

JUDGMENT OF DUNNINGHAM J

This judgment was delivered by me on 1 July 2024 at 9.30 am, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date……………

THOMPSON v NEW ZEALAND POLICE [2024] NZHC 1748 [1 July 2024]

Introduction

[1] On 31 January 2024, Mr Shannon Hugh Thompson was sentenced to 12 months’ supervision and seven months’ disqualification from driving1 for the offence of dangerous driving.2

[2] On 15 February 2024 the appellant applied for a rehearing of the matter and sought that the 12 months’ supervision sentence be substituted for a fine because he wanted to move to Australia. Judge McMeeken dismissed the application for a rehearing in a Chambers decision dated 20 March 2024 (the Chambers decision).3

[3] The appellant initially framed his appeal as an appeal against the Chambers decision. However he now frames his appeal as an appeal against sentence claiming that given a change in his circumstances, the sentence is now manifestly excessive.

Facts

[4] In the early hours of the morning on 13 January 2023, the appellant was seen driving at high speeds through residential streets in North-west Christchurch and on to State Highway One where he was recorded as travelling at over 135 kmph in an 80 kmph area. He was also observed travelling on the wrong side of the road to pass vehicles, and weaving in and out of traffic without using an indicator. Ultimately, the appellant was stopped by the police and admitted to overtaking other motorists and putting other motorists at risk, but denied driving in excess of the posted speed limit.

District Court decisions

The District Court sentencing decision

[5] The appellant vacated his not guilty pleas and entered guilty pleas on 13 October 2023. He appeared for sentencing on 31 January 2024. At sentencing the appellant also made an application under s 94 of the Land Transport Act 1998 (LTA) for substitution of a community-based sentence instead of disqualification.

1      Police v Thompson [2024] NZDC 3607 at [18]–[19].
2      Land Transport Act 1998, s 35(1)(b) – maximum penalty three months’ imprisonment, $4,500 fine.
3      Police v Thompson [2024] NZDC 5855.

[6] The Judge began by noting that the appellant was convicted in 2015 of driving while suspended and in 2016 and 2020 of driving while disqualified or driving while suspended. The appellant was currently employed as a driver, and since January 2023, he had spent several thousand dollars obtaining different licences and now had a Class 4 driver’s licence with wheels, tracks, rollers and forklift endorsements. The Judge then summarised the appellant’s submissions, being that he has learnt the value and importance of having a driver’s licence, has undertaken training courses to acquire…

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.

Continue reading Thompson v Police

Details

AGLC: Thompson v Police [2024] NZHC 1748
Case: [2024] NZHC 1748
Decision Date: 1 July 2024

CaseChat Overview and Summary

Shannon Hugh Thompson, the appellant, was convicted of dangerous driving and sentenced to 12 months' supervision and seven months' disqualification from driving. He subsequently applied for a rehearing of the sentence, which was dismissed by Judge McMeeken. Thompson then appealed the sentence, claiming it had become manifestly excessive due to his change in circumstances—he had moved to Australia for work.

The court needed to decide whether Thompson's move to Australia constituted a material change in circumstances that rendered the sentence manifestly excessive, warranting appellate intervention. The court also needed to determine whether the sentence imposed was within the appropriate range for the offence, given the appellant's history of driving offences and lack of remorse.

Thompson argued that his sentence had become manifestly excessive due to his move to Australia and the inability to complete the supervision sentence there. However, the court found that Thompson's voluntary decision to move to Australia did not render the sentence manifestly excessive. The court also noted that the appellant had not changed his attitude towards his offending and remained at risk of further offending. The court agreed with the District Court's decision that a rehabilitative sentence was appropriate. The court held that nothing raised by Thompson satisfied it that the sentence was in error or manifestly excessive. Therefore, the appeal was dismissed.

The final orders were that the appeal against the sentence was dismissed.

Orders