Adam v Police HC Wellington CRI 2011-485-16

[2011] NZHC 1935

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI 2011-485-16

AHMED SAYID ADAM

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         14 June 2011

Counsel:         K Bailey for Appellant

G Mallett for Respondent

Judgment:      14 June 2011

ORALJUDGMENT OF RONALD YOUNG J (Appeal against conviction and sentence)

[1]      This is an appeal against conviction by the Justices of the Peace for fighting. Mr Adam’s defence was that he was attacked by a number of men and was defending himself.

[2]      In their decision the Justices said they were inclined to believe Mr Adam was fighting in self defence.  In those circumstances they should have found Mr Adam not guilty rather than guilty of the offence of fighting.

[3]      The police correctly do not oppose allowing the appeal and quashing the conviction.  I agree that is the appropriate course.

AHMED SAYID ADAM V NEW ZEALAND POLICE HC WN CRI 2011-485-16 14 June 2011

[4]      The appeal is allowed. The conviction quashed.

Ronald Young J

Solicitors:

K Bailey, Barrister, Wellington, email:  [email protected]
G Mallett, Luke Cunningham & Clere, PO Box 10 357, Wellington, email:  [email protected]