Arnesen v Police HC Invercargill CRI-2011-425-000017

[2011] NZHC 759

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CRI-2011-425-000017

TERRY DAVID ARNESEN

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         5 July 2011

Appearances: No appeaerance for Appellant

S MacKenzie for Respondent

Judgment:      5 July 2011

ORAL JUDGMENT OF CHISHOLM J

[1]      After a defended summary hearing the appellant was convicted of assaulting his 13 year old daughter.   He was convicted and discharged.   The appellant has appealed against his conviction.

[2]      This case has been called on two occasions.  There has been no appearance for the appellant.

[3]      I am satisfied on the evidence before the Judge it was open to him to find that the charge was proved.  In particular, the Judge was entitled to form the view that he did of the appellant’s video interview.  Having formed that view it was open to the Judge to find that the charge of assault had been proved beyond reasonable doubt.

The appeal is dismissed.

ARNESEN V NEW ZEALAND POLICE HC INV CRI-2011-425-000017 5 July 2011

Solicitors:

Preston Russell Law, P O Box 355, Invercargill 9840

Copy to appellant