The High Court has dismissed an appeal against a disqualification period for a man who went on a three-hour drink-driving spree around Wanaka last year, during which he was arrested twice.
In April, Gareth Byron Lange (36), orchard worker, was sentenced to 14 months’ imprisonment and disqualified from driving for 27 months on seven charges stemming from a series of incidents on December 17.
In her decision, Justice Rachel Dunningham said about 3.30pm that day Lange was behind the wheel of a vehicle that crashed on State Highway 6, near Wanaka.
A subsequent breath test gave a reading of 990mcg. He was charged, his licence was suspended for 28 days and he was released from custody about 4.45pm.
Fifteen minutes later, he stole a parked vehicle, drove back to the crash site, about 30km away and tried to tow his car out of a ditch.
He then drove about 37km to Camp Hill Rd, drove off the road, hit a tree and went through a farm fence.
Lange drove about 7km to Riverbank Rd, where he reversed into a letterbox while performing a U-turn, carried on through Wanaka and travelled another 9km to the Albert Town camping ground.
In the camping ground he did donuts in the car, twice losing control and driving through a fence.
He also drove the vehicle 60cm to 80cm into a tent, damaging it.
The inhabitant came out of the tent and recognised Lange, Justice Dunningham’s decision said.
"She heard Mr Lange yelling out ‘Die ... I will ... kill you’.
"He then drove off."
He eventually crashed and rolled the stolen vehicle on State Highway 6, about 5km away from the campground.
He was arrested again and taken by ambulance to Dunstan Hospital where he refused to provide a blood sample.
At his sentencing in the Queenstown District Court, Judge Bernadette Farnan imposed a disqualification period of 27 months — 13 months for drink-driving, cumulative six-month sentences for refusing to give blood and reckless driving, and a concurrent six months for driving while suspended.
In the High Court at Invercargill last month, Lange’s lawyer, Kirsty Allan, submitted the disqualification period was manifestly excessive and the periods of disqualification should have been imposed concurrently, not cumulatively.
She argued the offending was a "continuing course of conduct", concurrent sentences were appropriate and submitted the disqualification period should have been 18 months.
However, Justice Dunningham said Lange had two previous convictions for drink-driving, in 2002 and February 2019, and therefore he had to be disqualified for at least a year.
Given those convictions, his refusal to provide a blood sample should have triggered another 12-month disqualification period, not the six months imposed.
"Disqualification from driving is not only a punishment, but also a means of protecting the public from further risk," Justice Dunningham said.
"In my view, the only error made in sentencing was to Mr Lange’s advantage and the total disqualification period imposed was justified ... The appeal is dismissed."
