NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF ANY COMPLAINANT UNDER THE AGE OF 18 YEARS PROHIBITED BY S 204 OF THE CRIMINAL PROCEDURE ACT 2011. SEE
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CRI-2021-485-000057
[2021] NZHC 2073
BETWEEN B
Appellant
AND
THE NEW ZEALAND POLICE
Respondent
Hearing: 10 August 2021 Counsel:
C Stanley for the Appellant J Garden for the Respondent
Judgment:
11 August 2021
JUDGMENT OF GWYN J
(Appeal against refusal to continue name suppression)
Introduction | Whakatakinga
[1] The appellant, Mr B faces one charge of suppling a class B controlled drug (ecstasy).1 He has entered a plea of not guilty and elected trial by jury.
[2] Mr B applied for continuation of interim name suppression, previously granted at his first appearance, on the grounds that publication would cause extreme hardship to him, his family, and his employees. Judge Johnston in the District Court at Porirua declined that application on 27 July 2021.2
1 Misuse of Drugs Act 1975, s 6(1)(c) and (2)(b); maximum penalty 14 years’ imprisonment.
2 Police v B [2021] NZDC 15028.
B v THE NEW ZEALAND POLICE [2021] NZHC 2073 [11 August 2021]
[3] Mr B now appeals that decision on the basis the threshold applied by the Judge was too high, and there are sufficient grounds for the continuation of the name suppression.
[4] The Judge granted continuation of interim name suppression, to allow Mr B to file this appeal.
The alleged offending
[5] The presumption of innocence applies to Mr B, and at this stage the details I now recite remain allegations.
[6] Mr B, who is in his 40s, was a swimming coach for a swimming club. In December 2020, Mr B was at his home, with two people (including the complainant, who was 17 years old) who were participating in a programme he was running. Mr B and the complainant were in the kitchen together, when Mr B offered the complainant a small clear crystal of ecstasy. Mr B placed a similar crystal in his mouth, and told the complainant to place the crystal under her tongue. She did not, and instead left the crystal on Mr B’s table, before leaving the house.
[7] The complainant later told the other person what had happened, and they returned to Mr B’s address and collected the crystal. A few days later, the complainant delivered the crystal to the Police and reported the matter.
The District Court decision
[8] The Judge recorded that Mr B applied for name suppression on the grounds that publication would cause extreme hardship to him due to his mental health, to his children due to the reaction of their peers, and to his employees and family due to the purported financial impact on his business. The Judge noted the Police were neutral on the application.
[9] The Judge first set out the two-stage test required under s 200(2) of the Criminal Procedure Act 2011…
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