IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE
CRI-2024-488-000045
[2024] NZHC 1932
BETWEEN SCOTT JASON VENN
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 10 July 2024 Appearances:
M Ryan for Appellant
B Bosomworth for Respondent
Judgment:
15 July 2024
JUDGMENT OF GORDON J
This judgment was delivered by me on 15 July 2024 at 3 pm
………………………………
Registrar/Deputy Registrar
Solicitors/Counsel:
Marsden Woods Inskip Smith, Crown Solicitor, Whangarei M Ryan, Barrister, Auckland
VENN v NEW ZEALAND POLICE [2024] NZHC 1932 [15 July 2024]
[1] The appellant, Scott Venn, pleaded guilty to a charge of driving a motor vehicle in a manner which, having regard to all the circumstances, might have been dangerous to the public and thereby caused injury to his passenger.1 On 6 May 2024, Judge D J McDonald sentenced Mr Venn to 14 months’ imprisonment and disqualification from holding or obtaining a driver licence for three years.2
[2] On appeal, Mr Venn says that because of an issue as to whether he consented to electronic monitoring Judge McDonald erred by declining to adjourn the sentencing or by declining to grant him leave to apply for home detention.
Background
[3]The summary of facts states that on 18 October 2022, at approximately
9.30 am, Mr Venn was driving North along State Highway 10. His partner was in the front passenger seat. While travelling at excessive speeds, Mr Venn crossed onto the opposite side of the road to overtake three vehicles in front of him. In doing so, he narrowly avoided a head-on collision with a truck travelling in the opposite direction. When Mr Venn re-entered the correct side of the road, he lost control of the vehicle due to his excessive speed. He crossed back over to the opposite side of the road, became airborne and impacted approximately three metres up a tree before ricocheting into a paddock.
[4] Mr Venn was removed from the wreckage by members of the public who stopped to help. His partner remained trapped in the wreckage until firefighters were able to cut her free. Mr Venn received moderate injuries. His partner received a femoral fracture and a perforated bowel. Both were airlifted to hospital.
District Court decision
[5] Judge McDonald adopted a starting point of 14 months’ imprisonment to take into account the serious risks that Mr Venn’s driving posed to his partner, other drivers and to himself. The Judge also mentioned the burden the resulting hospital treatment
1 Land Transport Act 1998, s 36(1)(b). Maximum penalty: five years’ imprisonment or a $20,000 fine, and disqualification from holding or obtaining a driver licence for one year or more.
2 New Zealand Police v Venn [2024] NZDC 9947.
had on the health system and taxpayers, as well as the serious problem of reckless driving in Northland.
[6] Judge McDonald gave a 15 per cent discount for Mr Venn’s late guilty plea. However, the Judge considered that neither Mr Venn’s previous period of electronically monitored bail for separate…
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