Couple convicted for using altered licence

A Wanaka couple who used an altered Brazilian driver's licence to circumvent the NZ Transport Agency's licensing system in 2014 were yesterday unsuccessful in their bids to be discharged without conviction.

Guilherme Santos Soares (31) and housekeeper, Katiuscia Kristine Rodrigues (30), of Wanaka, earlier admitted dishonestly using the altered licence between November 1 and 14, 2014, at Queenstown.

Judge Farnan said their offending struck at the heart of the land transport system at a time when there was ``so much publicity about inept driving''.

``It's not minor offending.

``It's not a minor thing that happened over a brief period of time.''

Judge Farnan said Soares took his Brazilian driver's licence and altered it, changing the photograph, name and date of birth to reflect his wife's details so she could use it to obtain a full New Zealand driver's licence by way of conversion.

Rodrigues - who did not hold a Brazilian licence - subsequently did not have to go through the progressive stages of the New Zealand licensing system, which would have given her between nine and 12 months' New Zealand driving experience.

She also saved about $214.10 in fees.

Neither party had any previous convictions, they admitted their offending at an early stage and were remorseful.

While they claimed not to have any real appreciation of the potential criminal impacts of their actions, Judge Farnan said in Soares' case the offending was premeditated and their actions had an impact on the viability of New Zealand's land transport system.

``Processes are put in place to ensure the safety of drivers in this country and other road users and any other person who could come into direct contact of the road users and drivers.''

Judge Farnan accepted Rodrigues passed a written and practical test - the equivalent of passing her learner's licence ``albeit on a false basis''.

The judge did not accept the couple had diminished knowledge of wrongdoing as ``in your country it would be as illegal as it is in New Zealand''.

The possible impact on their immigration status was the most serious consequence,

but Judge Farnan said her reading of the law was the couple would be liable for deportation if they were convicted and sentenced to five or more years in prison.

She found, ultimately, they failed to meet the criteria for a discharge.

``Your offending comes to the heart of our safety legislation ... it's my view that such offending should be reflected in a conviction.

``The direct and indirect consequences are not out of all proportion.

``The Immigration Service should have access to this decision ... but at the end of the day it's entirely their decision whether or not they want to take steps which would require you to be deported from this country.''

They were fined $250 and ordered to pay $130 court costs each. Soares was also ordered to pay $214.10 reparation.

 

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