New Zealand Police v Atkinson [2017] NZDC 6338

Published 10 August 2017

Sentencing — driving whilst disqualified — conversion of a car — aggravated drink driving — possession of a pipe — offering to sell cannabis — drug dealing — drugs — theft — possession of a knife without reasonable excuse — possession of cannabis — possession of amphetamine.The defendant had taken a courier van that was parked on the side of the road, in explanation, he told police that he had been approached by an unknown person and told that it was okay for him to take the van. Whilst on bail for that offending, the defendant was seen driving without his headlights on during the early hours of the morning, he was recorded has having 462 micrograms of alcohol per litre of breath which the defendant explained as a silly mistake. The defendant was also sentenced for attempting to supply cannabis and theft of items from a supermarket and from a residential property. On a further occasion, the defendant was found in possession of folding knife with an 8 cm blade, cannabis and amphetamine. The defendant claimed that the amphetamine was a prescribed medication but was unable to provide further detail. The court was particularly concerned by the way that the defendant described his use of cannabis as a tool to keep him alert and the circumstances in which the drug was used. The court found that the defendant was not remorseful for his offending and that he had not taken any responsibility for the offending. The defendant was sentenced to a final sentence of two years' imprisonment. The defendant was disqualified from driving indefinitely and a zero alcohol order was made. Judgment Date: 24 March 2017.