Vahai v Police

[2013] NZHC 2387

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI-2013-419-0032 [2013] NZHC 2387

BETWEEN  MONI VAHAI Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:                   12 September 2013

Appearances:           Appellant in person

P V Cornege for Respondent

Judgment:                12 September 2013

ORAL JUDGMENT OF PETERS J

Solicitors:           Almao Douch, Crown Solicitor, Hamilton

Copy for:           M Vahai, Hamilton

VAHAI v POLICE [2013] NZHC 2387 [12 September 2013]

[1]      The Appellant appeals against sentence imposed by Judge M L S F Burnett in the District Court at Hamilton on 9 April 2013.[1]   On that date the Appellant was for sentence on a variety of charges, including burglary (less than $500). Amongst other things, the Judge disqualified the Appellant from driving for 10 months, effective from the date of sentence.

[1] Police v Vahai DC Hamilton CRI-2012-019-4973, 9 April 2013.

[2]      The notice of appeal is dated 24 June 2013 so may be out of time.  In any event the grounds of appeal are that the Appellant was not for sentence on any driving related charge and he puts in issue whether the District Court had jurisdiction to impose a period of disqualification on the charge of burglary.   The appeal is opposed.

[3]      Pursuant to ss 124 and 125 Sentencing Act 2002, the Court may order an offender to be disqualified from driving if the offender is convicted of an offence punishable by imprisonment. The maximum period of disqualification is three years.

[4]      Accordingly, it was open to the Judge to impose the period of disqualification that she did.  I decline to grant leave to appeal if it is required and, if not, dismiss this appeal.

[5]      I add that the Appellant has advised me that the period of disqualification is causing him considerable difficulty in terms of his family responsibilities.   I have suggested that he speak to the duty solicitor to see whether it might be possible for him to seek either a limited licence or an order pursuant to s 94 Land Transport Act

1998, which would substitute a community based sentence in lieu of the remaining period of disqualification.

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M Peters J