Wadsworth v Police

Case [2014] NZHC 3302


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2014-404-000345 [2014] NZHC 3302

BETWEEN

NICOLE LOUISE WADSWORTH

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing: 16 December 2014

Appearances:

L Johnson for the Appellant
RMA McCoubrey for the Respondent

Judgment:

18 December 2014

[RESERVED] JUDGMENT OF WYLIE J

This judgment was delivered by Justice Wylie on 18 December 2014 at 11.00 am

Pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date:

WADSWORTH v POLICE [2014] NZHC 3302 [18 December 2014]

Introduction

[1]      The appellant, Ms Wadsworth, appeals a decision made by Judge S J Coyle in the District Court at Auckland on 7 October 2014, declining an application under s 94 of the Land Transport Act 1998, and instead imposing a further period of disqualification from driving.

Factual background

[2]      Ms Wadsworth had been disqualified from driving for a period of six months on 8 May 2014, after pleading guilty to one charge of driving with excess breath alcohol in August 2012.

[3]      On  8  July  2014,  Ms  Wadsworth  was  stopped  while  she  was  driving  at State Highway 20 at Onehunga.  She was not stopped because of the way in which she was driving.  When spoken to by the police, she stated that she was returning from Middlemore Hospital, after visiting a sick relative.

[4]      Ms  Wadsworth  was  charged  with  driving  while  disqualified  pursuant  to s 32(1) of the Land Transport Act.  The maximum penalty for this offence is three months’ imprisonment or a fine not exceeding $4,500.  The court must, in addition, order that the offender is disqualified from driving for a minimum period of six months.

[5]      Ms Wadsworth pleaded guilty at her first appearance on 7 August 2014.  She appeared for sentence on 7 October 2014.  An application was made on her behalf for the Court to impose a community-based sentence instead of a further period of disqualification under s 94. As noted above, that application was unsuccessful.

District Court Decision

[6]      Judge Coyle considered the relevant facts.  He summarised s 94 and set out the various matters which the Court is required to consider pursuant to s 94(1).  He then proceeded to consider each of the considerations identified in s 94(1)(b).

[7]      In regard to s 94(1)(b)(ii) – the effectiveness or otherwise of the previous order  of  disqualification  made  against  Ms  Wadsworth  –  Judge  Coyle  noted  as follows:

[9]       The effectiveness of the current order of disqualification has really been minimal.   It has not acted as a deterrent to you for further offending and, as I have said to your counsel, this really is just blatant offending during a period in which you knew you were disqualified.  It is submitted on your behalf that disqualification has not been effective and the evidence of that, it is submitted, is the very fact that you are before the Court on the charge of driving while disqualified committed only two months after disqualification was imposed.

[10]      That submission, in my view, is not one that I…

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Wadsworth v Police [2014] NZHC 3302
Case
[2014] NZHC 3302
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CaseChat Overview and Summary

Nicole Louise Wadsworth appeals a decision by Judge S J Coyle in the District Court at Auckland, declining an application under s 94 of the Land Transport Act 1998, and instead imposing a further period of disqualification from driving. Ms Wadsworth had previously been disqualified from driving for six months after pleading guilty to driving with excess breath alcohol in August 2012. She was subsequently charged with driving while disqualified after being stopped by police while driving at State Highway 20 at Onehunga on 8 July 2014. Ms Wadsworth pleaded guilty at her first appearance and applied for a community-based sentence instead of a further period of disqualification under s 94. This application was unsuccessful. The court was required to determine whether Judge Coyle erred in declining the application. The court found that, while some aspects of the judgment could have been better expressed, Judge Coyle's decision was not plainly wrong. The appeal was declined.

Wylie J concluded that the appeal was declined because Judge Coyle's decision, while not perfect in its articulation, was not plainly wrong. The court acknowledged that the appeal against the refusal to grant an application pursuant to s 94 is an appeal against the exercise of a discretion, and that accordingly it must be shown that the sentencing Judge erred in exercising the discretion by taking into account irrelevant considerations, failing to have regard to relevant considerations, making an error in principle, or reaching a decision which is plainly wrong. The court found that while Judge Coyle did not properly analyse the section, the end result was not particularly helpful to Ms Wadsworth. The court further found that while there was some force in Ms Johnson's submission that Judge Coyle erred in the way in which he approached the matter in this case, the decision was not plainly wrong.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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