A v Police HC Wellington CRI-2007-485-49

[2007] NZHC 700

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI-2007-485-49

BETWEEN  A

Appellant

AND  NEW ZEALAND POLICE Respondent

Hearing:         24 July 2007

Appearances: N Levy for Appellant

G Gimblett for Respondent

Judgment:      24 July 2007

ORAL JUDGMENT OF GENDALL J

[1]      This was an appeal against a conviction entered on 23 May 2007 by Justices of the Peace in the District Court at Wellington on a charge of the appellant, being a taxi driver, failing to conduct himself “in a civil manner” whilst the driver of a small passenger service vehicle in breach of s37(c) and r12(2)(A) of Part 1 of the 3rd Schedule of the Transport Services Licensing Act 1989.

[2]      It is not necessary for me to review the evidence or the reasons given by the Justices in entering the conviction because the Crown have accepted that the conviction should be quashed because of an error on the part of the Justices in recording the requirement as to proof beyond reasonable doubt.  It follows the appeal is  allowed,  the  conviction  quashed  and  the  information  remitted  back  to  the

District Court at Wellington for a rehearing.

A V NEW ZEALAND POLICE HC WN CRI-2007-485-49  24 July 2007

………………………………..

J W Gendall J

Solicitors:

V C Nisbet, Wellington for Appellant
Crown Solicitor, Wellington for Respondent