B v Police HC Auckland CRI 2008-404-218

[2008] NZHC 1478

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2008-404-218

BETWEEN  B

Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         22 September 2008

Appearances: Appellant, Mr B  , in person

Mark Wright for Respondent

Judgment:      22 September 2008

JUDGMENT OF HARRISON J

SOLICITORS

Meredith Connell (Auckland) for Respondent

(copy to Appellant in person)

B V POLICE HC AK CRI 2008-404-218  22 September 2008

[1]      Mr B   appeals against a sentence of 50 hours community work imposed upon him by Judge Roy Wade in the District Court at Manukau on 22 July

2008 following his plea of guilty to one charge of intimidation.  The charge related to  abuse  which  Mr B    yelled  at  a  former  girlfriend  when  they  met  in  a supermarket.  She asked staff to call the police.  The circumstances were obviously a source of great distress to her and others who heard Mr B  ’s words.

[2]      Mr B   appeals against the sentence of 50 hours community work.  He says that a fine should have been imposed.  I have explained to him that I can only interfere with a sentence if it is manifestly excessive and that on any objective analysis 50 hours of community work was, if anything, generous, given both the circumstances of the offence and Mr B  ’s own circumstances.

[3]      Accordingly, I must dismiss the appeal.   However, I wish to compliment Mr B   on the courteous and clear way he has presented argument this afternoon and I trust that he is able to continue along the path of reformation which has become more apparent in recent years.

[4]      There will be no order as to costs.

Rhys Harrison J