Yoganathan v Police

[2016] NZCA 169

IN THE COURT OF APPEAL OF NEW ZEALAND

CA614/2015
[2016] NZCA 169

BETWEEN	RAGULAN YOGANATHAN Applicant
AND	NEW ZEALAND POLICE Respondent

Hearing:	5 April 2016
Court:	Wild, Clifford and Brewer JJ
Counsel:	A J Haskett for Applicant K S Grau for Respondent
Judgment:	4 May 2016 at 11.30 am

JUDGMENT OF THE COURT

The application for leave to bring a second appeal is granted.

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REASONS OF THE COURT

(Given by Brewer J)

1. Mr Yoganathan’s application for leave to appeal to this Court is granted.  That will be a second appeal against his conviction for driving under the influence of drink to such an extent as to be incapable of having proper control of a motor vehicle.[1]  That charge was found proved by Judge R J Russell following a trial in the Manukau District Court on 7 July 2015.[2]  In terms of s 340(3)(a) of the Criminal Procedure Act 2011, we do not need to give reasons.  Nor does s 237(2)(b) of the Criminal Procedure Act contemplate this judgment stating the question or questions on which leave is granted.  However, we indicate that the issue on the second appeal will be whether a miscarriage of justice occurred by reason of the District Court’s reliance on the evidence of Dr Parbhu and on the evidential breath test.

   [1]An offence under s 58(1)(a) of the Land Transport Act 1998.

   [2]Police v Yoganathan [2015] NZDC 14062; Mr Yoganathan unsuccessfully appealed this decision in Yoganathan v Police [2015] NZHC 2320.

Solicitors:
Crown Law Office, Wellington, for Respondent