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New Zealand Police v Gan [2020] NZDC 23099

Published 06 October 2021

Reserved judgment — driving in a manner dangerous to the public — police officer — police pursuit — Land Transport Act 1998, s 35(1)(b) — Broderick v Police HC Whangarei, 10 July 2008 — Joad v Police HC Hamilton AP79/94, 28 September 1994. The defendant faced a single charge of driving in a manner dangerous to the public. He was a police officer who had engaged suspects in a nine-minute, 16.4 km car chase. During the chase, which occurred late at night in inner-city Auckland, the defendant ran several red lights and allegedly reached speeds of 160 kilometres per hour. The chase was monitored by four senior officers who had authority to call off the pursuit, but did not. Senior officers who gave evidence for the defendant testified that he was a competent and experienced driver and that they had felt no need for the chase to be abandoned. However it was apparent that they had also assessed the chase based on commentary provided by an officer who was in the car with the defendant, and that they had misunderstood some of what she had said in terms of driving through red lights at speed. Expert evidence on estimated speeds travelled during the pursuit showed an average speed of 156 kilometres per hour in the vicinity of intersections. The area that the defendant had driven through had a large number of residential buildings, and pedestrians were present in the area. The defendant could not have stopped suddenly, had he needed to for safety reasons, at the speed he was travelling. Based on this evidence and from examining authorities, the Court was satisfied that the defendant's driving had been dangerous. The defendant was found guilty on the charge. Judgment Date: 11 November 2020.