New Zealand Police v Albert 2019 NZDC 13514

Published 12 August 2019

Vehicle confiscation — transfer of ownership — driving while disqualified — statutory interpretation — Sentencing Act 2002, ss 3, 30 & 129 — Criminal Procedure Act 2011, s 180 — Antcliffe v New Zealand Police HC Palmerston North CRI-2009-454-23 — Wade v New Zealand Police [2017] NZHC 450. The defendant opposed an application for a vehicle confiscation following his fifth conviction for driving while disqualified. The defendant had transferred ownership of his vehicle to his sister following the date of offending and the date of conviction, but prior to the date of sentencing. The defendant submitted that s 129 of the Sentencing Act required the defendant to have either owned or had an interest in the vehicle at the time of sentencing. The Judge agreed, citing case law, but held that the sister was not a bona fide purchaser and was more than likely transferred to avoid confiscation. The Judge, in compliance with s 30 of the Sentencing Act, handed down the original sentence with the addition of the confiscation order. Judgment Date: 15 July 2019.