Tohu v Police

[2021] NZHC 2660

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CRI-2021-488-30

CRI-2021-488-31 [2021] NZHC 2660

BETWEEN

RANGI TOHU

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:	6 October 2021
Counsel:	S M Nicholson for appellant T N Fai’ai for respondent
Judgment:	6 October 2021

JUDGMENT OF TOOGOOD J

This judgment was delivered by me on 6 October 2021 at 12.30pm

Registrar/Deputy Registrar Date:

Solicitors/Counsel:

Stephen Nicholson, Kerikeri for appellant Crown Solicitor, Whangārei for respondent

TOHU v NEW ZEALAND POLICE [2021] NZHC 2660 [6 October 2021]

[1]Mr Tohu pleaded guilty to the following charges:

(a)careless driving;1

(b)two of unlawful possession in a public place of a firearm and ammunition;2

(c)driving with excess blood alcohol content;3

(d)reckless driving causing injury;4

(e)assault on a person in a family relationship;5

(f)three of failing to comply with a prohibition given by an enforcement officer.6

[2]                 Mr Tohu was sentenced by Judge Harvey in the District Court at Kaikohe on 2 August 2021 to a total effective end sentence of two years, nine months’ imprisonment and disqualified from driving.7 He appeals against his sentence on the ground that it is manifestly excessive.

Background

[3]The offending occurred on three distinct occasions.

[4]                 First, in the evening of 13 January 2021, Mr Tohu was driving a car on the main street of Kaikohe. On 22 September 2010, he had been forbidden to drive until he obtained a driver licence. While driving the car in Kaikohe, he had crossed the centre line and collided with an oncoming car travelling toward him. The driver of

1      Land Transport Act 1998, s 37(1). Maximum penalty: $3,000 fine and disqualification for such period as court thinks fit.

2      Arms Act 1983, s 51. Maximum penalty: three years’ imprisonment or fine of $4,000 or both.

3      Land Transport Act 1998, s 56(2). Maximum penalty: three months’ imprisonment or fine of

$4,500 and disqualification for six months or more.

4      Land Transport Act 1998, s 36(1)(a). Maximum penalty: five years’ imprisonment or a fine of

$20,000 and disqualification for one year or more.

5      Crimes Act 1961, s 194A. Maximum penalty: two years’ imprisonment.

6      Land Transport Act 1998, s 52(1)(c). Maximum penalty: fine of $10,000.

7      Police v Tohu [2021] NZDC 15705.

that car lost control and crashed into a parked car. Mr Tohu departed the site of the accident. When Police arrived, they searched his car and found a .22 rifle with a round in the chamber. Police subsequently located Mr Tohu in a nearby street. He was on the ground and unresponsive. An evidential blood alcohol test was performed in hospital which returned a result of 198 milligrams of alcohol per 100 millilitres of blood. Mr Tohu pleaded guilty to driving with excess blood alcohol content; careless driving; the firearms charges and being an unlicensed driver who failed to comply with a prohibition from driving.

[5]                 Second, Mr Tohu was seen driving a car near Moerewa on 4 April 2021. He pleaded guilty to being…