IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2012-404-340 [2013] NZHC 394
BETWEEN MICHAEL ORMOND WILLIAMS Appellant
ANDNEW ZEALAND POLICE Respondent
Hearing: 11 February 2013
Counsel: RD Mulgan and A Simpson (on instructions from P Winkler) for
Appellant
B Hamlin for Respondent
Judgment: 5 March 2013
JUDGMENT OF BREWER J
This judgment was delivered by me on 5 March 2013 at 2:30 pm pursuant to Rule 11.5 High Court Rules.
Registrar/Deputy Registrar
SOLICITORS/COUNSEL
Patrick Winkler (Auckland) for Appellant
Meredith Connell (Auckland) for Respondent
WILLIAMS V POLICE HC AK CRI-2012-404-340 [5 March 2013]
Introduction
[1] The appellant appeals his conviction for driving with excess breath alcohol (third or subsequent offence). He pleaded guilty to the charge and contends that he should have been discharged without conviction pursuant to s 106 of the Sentencing Act 2002.
Background
[2] The appellant was convicted and sentenced for driving with excess breath alcohol in 1995 and in 2000. On each occasion he was fined and disqualified from driving for six months.
[3] On 7 May 2011, the appellant was drinking at a bar. At about 10:00 pm he suspected he was developing an anxiety attack. He has perhaps two or three attacks a year. During an anxiety attack the appellant shakes uncontrollably and loses the coordinated use of his limbs. Disorientation is also experienced. It is usual for him to go to sleep once the attack is over.
[4] The appellant’s car was in the car park of the bar. The appellant got into his car and, because he did not want anyone to see him in the throes of the anxiety attack, reversed around the corner of the building and stopped in a service lane behind the bar. This was a distance of about 25 metres. Unfortunately for the appellant the Police had the bar under observation. They approached the appellant, who was still in his vehicle in the service lane, and his breath was found to contain
573 micrograms of alcohol per litre of breath.
[5] The appellant held the sincere but mistaken belief that the drink/driving laws apply only to public highways. He did not think that they apply to someone driving across a car park and into a service lane.
[6] The appellant co-operated fully with the Police. After the Police released him he was overcome by the anxiety attack, called an ambulance and was taken to hospital.
[7] The appellant is a man in his late 30s. He is employed as a mechanic with an income of $41,000 per annum. He has shared custody of his 15 year old daughter.
[8] Since the offending the appellant – who has had a long struggle with drugs and alcohol – has made a real effort and has been drug and alcohol free for over a year.[1]
[1] This recitation of the facts is taken largely from the submissions of Mr Winkler for the appellant.
They go well beyond the summary of facts. However, the respondent made no demur and so I
Continue reading Williams v Police
Sign in free to access the full text
- AGLC
- Williams v Police [2013] NZHC 394
- Case
- [2013] NZHC 394
- Decision Date
CaseChat Overview and Summary
The court examined the gravity of the offence, considering the aggravating and mitigating factors, including the breath alcohol reading and the fact that this was Williams' third offence. The court then identified the direct and indirect consequences of a conviction. While acknowledging that a conviction could have indirect consequences on Williams' employment prospects, the court found no evidence that these would be out of all proportion to the gravity of the offence. The court also considered the impact of the Criminal Records (Clean Slate) Act, noting that a fresh conviction would revive Williams' previous record, which aligns with Parliament's intention to impose consequences for re-offending. Ultimately, the court found that the direct and indirect consequences of a conviction were not out of all proportion to the gravity of the offence, and dismissed the appeal.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.