Clement v Mitchell-Sothern [2012] NZLLA 323 (28 March 2012)

Last Updated: 16 April 2012

[2012] NZLLA PH 323-324

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager's Certificate GM005/57/2005 issued to LEONIE BRONWYN MITCHELL-SOTHERN

BETWEEN HOWARD PHILIP CLEMENT

(Police Officer of Whangarei)

Applicant

AND LEONIE BRONWYN MITCHELL-SOTHERN

Respondent

AND

IN THE MATTER of an application by LEONIE BRONWYN MITCHELL-SOTHERN pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

HEARING at WHANGAREI on 23 March 2012

APPEARANCES

Sergeant H P Clement – NZ Police – applicant and in opposition to application for renewal of General Manager's Certificate
Mr R J Bowden – for respondent and applicant for renewal of General Manager's Certificate
Dr H M Kodisinghe – Whangarei District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] There are two applications before the Authority.

[2] First is an application pursuant to s.135 of the Act for the suspension or cancellation of General Manager's Certificate issued to the respondent, Ms Mitchell-Southern.

[3] The second is an application by Ms Mitchell-Sothern for the renewal of her General Manager's Certificate. This application was opposed upon the grounds used to support the first application.

[4] Ms Mitchell-Sothern admitted that there were grounds to support the application. She conceded that on 2 December 2011 she was convicted of assault with intent to injury and burglary. The burglary conviction relates to the breaking and entry of the house where the victim of the assault was staying.

[5] The incident giving rise for the convictions occurred on 6 June 2011 after Ms Mitchell-Sothern had been drinking. There were long standing issues existing between the victim and Ms Mitchell-Sothern. As a result, Ms Mitchell-Sothern went to the victim’s home where she confronted the victim. The victim had a broken leg at the time. Ms Mitchell-Sothern punched and scratched the victim in the head including her eyes. They fell to the ground. She grabbed the victim’s head and twisted her neck and ultimately stuffed clothing into the victim’s mouth.

[6] When sentencing Ms Mitchell-Sothern, Judge K B De Ridder noted the history between the victim and Ms Mitchell-Sothern which could loosely be described as provocative. Nevertheless he noted that she had drunk a quantity of wine before the incident. Further, the incident was premeditated. He noted the vulnerability of the victim.

[7] The offending was serious, there was no history of similar offending, Ms Mitchell-Sothern had no previous convictions. Further, she has a long history of exemplary service in the liquor industry.

[8] Taking all these factors into account the Authority concludes that it is desirable that the General Manager's Certificate be suspended for 30 days commencing 28 May 2012.

[9] The General Manager's Certificate is renewed for 14 months commencing 15 February 2012.

DATED at WELLINGTON this 28TH day of March 2012

B M Holmes
Secretary

Leonie Mitchell-Sothern.doc(aw)