IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2018-404-078
[2018] NZHC 880
BETWEEN DYLAN WILSON
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 1 May 2018 Appearances:
J Harder for Appellant
M Mortimer for Respondent
Judgment:
1 May 2018
ORAL JUDGMENT OF JAGOSE J
Counsel/Solicitor:
J Harder, Barrister, Auckland Crown Solicitor, Auckland
WILSON v NEW ZEALAND POLICE [2018] NZHC 880 [1 May 2018]
Introduction
[1] Dylan Wilson appeals the District Court’s refusal to substitute a community- based sentence in lieu of disqualification under s 94 of the Land Transport Act 1998 (the “LTA”).
[2] Mr Wilson was sentenced on 23 February 2018 by Judge Fraser in the Auckland District Court.1 He faced nine charges for offending ranging from drug possession, assault, non-compliance, and driving-related offending. That driving offending involved three charges:2
(a)driving whilst suspended (simpliciter), carrying a minimum period of compulsory disqualification of 6 months;3
(b)driving whilst suspended (aggravated), carrying a minimum period of compulsory disqualification of 12 months;4 and
(c)careless driving, allowing discretionary disqualification for such period as the court thinks fit.5
[3] He was sentenced to six months’ community detention and 15 months’ intensive supervision for all nine charges. In addition, for the driving charges Mr Wilson was: disqualified for the minimum period of 12 months for aggravated driving; disqualified for a concurrent term on the charge of driving whilst suspended (simpliciter); and convicted and discharged for the careless driving.
1 New Zealand Police v Wilson [2018] NZDC 4780 at [8].
2 The other charges were for: common assault and two charges of male assaults female (Crimes Act 1961, s 196, 194); possession of methamphetamine and of cannabis (Misuse of Drugs Act, s 7(1)(a)); and failing to answer bail.
3 Land Transport Act 1998, s 32(1)(c) and (3)(b).
4 Section 32(1)(c) and (4)(b).
5 Section 37(1) and (2)(b).
Factual background
The offending
[4] Mr Wilson has eleven previous convictions for driving offences, and has served previous disqualification orders between 2010 and 2014 for such offending. He has been granted substituted community-based sentences under s 94, both in 2011 and also for his most recent offending in 2014.
[5] The driving charges the subject of this appeal arise from offending on two separate occasions. The earlier offending was on 4 November 2016. Mr Wilson was stopped by a Police patrol vehicle and found to be driving while his licence was still suspended. The summary of facts does not record any attendant driving fault. Although laid in the simpliciter form, this was his eighth incident of driving whilst suspended, the seven previous incidents arising between April 2011 and February 2014.
[6] The later offending, on 5 March 2017, is considerably more serious. That evening Mr Wilson was driving a BMW car on State Highway 1 near Whakapara. He was seen overtaking dangerously on yellow lines, and around blind concerns, causing concerned drivers to flash their lights at him and call the Police. When Mr Wilson reached the Kamo bypass, he…
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- Case
- [2018] NZHC 880
- Decision Date
CaseChat Overview and Summary
The final orders are that the appeal is declined.
Orders
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