R v Brass (aka Lloyd) [2016] NZHC 737 (18 April 2016)

Last Updated: 3 August 2019

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CRI-2015-063-001705 [2016] NZHC 737

THE QUEEN

v

HETA LENNOD BRASS (ALSO KNOWN AS HETA LENNOD LLOYD)

Hearing:	4-5, 11-15 and 18 April 2016
Counsel:	C H Macklin for the Crown T W L Te Kani for the Defendant
Sentence:	18 April 2016

SENTENCE OF EDWARDS J

Solicitors: Gordon Pilditch, Rotorua

Families Matter Law Practice Ltd, Rotorua

R v BRASS (aka LLOYD) [2016] NZHC 737 [18 April 2016]

[1] Mr Brass, please stand.

[2] Mr Brass, you appear before me today having been found guilty on three charges of driving whilst disqualified, and I am going to sentence you now on those charges.

[3] The circumstances giving rise to the charges concern a road trip from Kaitaia to Murupara. During that road trip you took the wheel on three separate occasions, which is why there is three separate charges. And you took the wheel knowing you were disqualified from driving and in fact knowing that you did not have a licence to drive. In fact, one of the reasons you gave to the police for having some passengers along with you on that road trip was because both of them had a full licence.

[4] Now the law requires me to take into account aggravating and mitigating features in determining the appropriate sentence. I take into account that you have a previous conviction for driving while disqualified from 2011, and you have a number of other driving-related offences such as driving a motor vehicle in a dangerous manner. I consider that those offences show a disregard for the law as it relates to driving convictions and I take that into account in setting your sentence. But I also take into account that you have been in custody for approximately a year pending trial of these charges and others, which concluded today.

[5] I have listened to what your counsel had to say, both counsel for you and also counsel for the Crown.

[6] I take into account that these were three separate charges, three separate offences and happened on consecutive days. So, taking into account all of these circumstances and the principle of totality, I am going to accept what counsel have indicated to me today and sentence you to 200 hours’ community work, and 12 months’ disqualification from driving.
[7] Thank you, Mr Brass, you may stand down. Mr Brass, if you could just remain downstairs for the moment in the cells while we just sort out the paperwork for that community work, that would be appreciated, thank you.







Edwards J