GRAY v R [2020] NZCA 548
The two and a half year driving disqualification was unlawful because statutory minimum disqualifications required six months for failing to stop and at least six months for reckless driving that must be made cumulative under s 52A(6), producing a 12 month disqualification; the appellate court quashed the 2.5 year...
Source-derived case information.
- Citation
- [2020] NZCA 548
- Parties
- Appellant: Rocky James Manga; Respondent: New Zealand Police
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 6 November 2020
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence (sentencing)
- Outcome
- Appeal allowed in part; original disqualification quashed and replaced with 12 months; remainder of sentence unchanged.
- Legal Topics
- Driving Disqualification, Failing to Stop, Reckless Driving, Land Transport Act 1998 S 52 a, Sentence Calculation
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rocky James Manga
Appellant
New Zealand Police
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence (sentencing)
Legal Issues
- 1 Whether the sentencing Judge had jurisdiction to disqualify the appellant for two and a half years
- 2 Whether disqualification periods under the Land Transport Act 1998 s 52A are cumulative and the correct cumulative period in this case
Ratio Decidendi
The two and a half year driving disqualification was unlawful because statutory minimum disqualifications required six months for failing to stop and at least six months for reckless driving that must be made cumulative under s 52A(6), producing a 12 month disqualification; the appellate court quashed the 2.5 year disqualification and substituted 12 months.
Court Disposition
Appeal allowed in part; original disqualification quashed and replaced with 12 months; remainder of sentence unchanged.
Orders
- Quash the sentence of two and a half years' driving disqualification
- Substitute a driving disqualification of 12 months
Full Case Text
Judgment text and source record
1 paragraphs
MANGA v POLICE [2020] NZHC 2882 [3 November 2020]IN THE HIGH COURT OF NEW ZEALANDHAMILTON REGISTRYI TE KŌTI MATUA O AOTEAROAKIRIKIRIROA ROHECRI-2020-419-000085[2020] NZHC 2882BETWEEN ROCKY JAMES MANGAAppellantAND NEW ZEALAND POLICERespondentHearing: 3 November 2020Counsel: SF Gilbert for AppellantBB Harris for RespondentJudgment: 3 November 2020ORAL JUDGMENT OF DOWNS JSolicitors/Counsel:Crown Solicitor, Hamilton.SF Gilbert, Hamilton.[1] On 17 August 2020, Rocky Manga appeared for sentence on seven offences:possession of methamphetamine; possession of a pipe; breaching a protection order;assault; driving while forbidden; failing to stop; and reckless driving.Judge D M Wilson QC imposed a term of 12 months' intensive supervision and80 hours' community work. In relation to the last two charges mentioned—failing tostop and reckless driving—the Judge disqualified Mr Manga from driving for two anda half years. Mr Manga appeals this aspect alone. He contends the Judge was withoutjurisdiction to disqualify him for this long. The Crown agrees.[2] The failing to stop offence was the first of its kind for Mr Manga. So,ss 52A(1)(a)(ii) and 52A(3) of the Land Transport Act 1998 required a period ofdisqualification of six months. The reckless driving offence carried a maximumpenalty of at least six months' disqualification. Under s 52A(6) of the Land TransportAct, the Judge was required to make these cumulative. So, the logical sentence was aperiod of 12 months' disqualification.[3] Mr Manga was sentenced in a busy list. The Judge might have thought thefailing to stop offence alleged a third or subsequent offence. Had this been so, thesentence would have been unremarkable.[4] Given the acknowledged mistake, the appeal is allowed. The sentence oftwo and a half years' disqualification is quashed. It is replaced with a period of12 months' disqualification. No other aspect of the sentence is changed. It followsMr Manga continues to serve a term of 12 months' intensive supervision and 80 hours'community work...Downs J