Published 21 September 2021
Sentencing — driving in a dangerous manner — disqualification — Land Transport Act 1998, s 81 — Anderson v R [2019] NZCA 145. The defendant appeared for sentence on a charge of driving in a dangerous manner. He was a police officer who had engaged suspects in a nine-minute, 16.4 kilometre pursuit through inner-city Auckland late at night. During the chase the defendant reached speeds of 160 kilometres per hour and drove through two red lights at over 150 kilometres per hour. The Land Transport Act provides a discretion for a Court to refuse to disqualify a driver, if the driver can show that there are special reasons not to do so. The Court observed that the defendant had been driving in the course of his employment, in circumstances where a degree of speed was acceptable; that the defendant had been driving with the assistance of a co-pilot (a fellow officer in the car with him) and had activated his lights and siren; that four senior officers were monitoring the chase, and did not choose to call it off; that the chase occurred on a wide, well-lit street with limited traffic and pedestrians; and that no accident or harm occurred. Therefore, there were special reasons to not disqualify the defendant from driving and the Court exercised this discretion. The defendant was convicted and discharged. Judgment Date: 23 December 2020.
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