IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CRI-2024-485-000077
[2025] NZHC 658
BETWEEN SEAN ANTHONY BLACKLER
Appellant
AND
THE KING
Respondent
Hearing: 27 February 2025 Counsel:
Appellant in person
M J R Blaschke for Respondent
Judgment:
26 March 2025
JUDGMENT OF LA HOOD J
(Appeal against Conviction)
An appeal against conviction for possession of methamphetamine and a pipe
[1] Following a Judge-alone trial in the District Court,1 Sean Blackler was convicted of one charge of possession of a class A controlled drug (methamphetamine)2 and one charge of possession of a pipe.3 Mr Blackler now appeals those convictions.
1 R v Blackler [2024] NZDC 16506 [Judgment under appeal].
2 Misuse of Drugs Act 1975, s 7(1)(a) and (2); maximum penalty of six months’ imprisonment or a fine of $1,000.
3 Section 13(1)(a) and (3); maximum penalty of one year’s imprisonment or a fine of $500 or both.
BLACKLER v R [2025] NZHC 658 [26 March 2025]
[2] Mr Blackler represented himself in the District Court and on this appeal. In his notice of appeal, he advances the following grounds:
(a)Abuse of police process.
(b)That critical disclosure was not provided.
(c)That there were breaches of legal privilege and standards by his previous lawyers.
[3] The Crown submits that, across the wide range of material filed, Mr Blackler’s grounds of appeal can be distilled into the following areas:
(a)The Judge erred in her assessment of the evidence, such that there was a real risk the outcome of the trial may have been affected. In particular, Mr Blackler considers that the Judge erred in being satisfied that:
(i)the substance located was methamphetamine; and
(ii)the methamphetamine was in his possession.
(b)The non-disclosure of certain information (an irregularity affecting the trial) has led to a miscarriage of justice.
(c)The police investigation was an abuse of process, which affected the search warrant that led to the charges against him (and thus the totality of the evidence), meaning it was a miscarriage of justice that he was charged at all.
(d)Mr Blackler has also raised concerns about his previous lawyers (prior to representing himself).
Background and procedural history
[4] The police obtained a production order for Mr Blackler’s phone and search warrant for his property in respect of alleged drug dealing. The latter was executed on 22 December 2020. In the course of that search, the methamphetamine (0.86 grams) and glass pipe in question were located, leading to Mr Blackler’s arrest.
[5] In addition to the two charges relating to possession of methamphetamine and the pipe, Mr Blackler was originally charged with cultivation of cannabis4 and possession of cannabis for supply.5 The Crown subsequently withdrew these charges as the cannabis seized was inadvertently destroyed.6
[6] Throughout the proceeding, Mr Blackler challenged the search warrant. The application for the search warrant was based nearly entirely on informant information.7 Mr Blackler sought unredacted disclosure of the search warrant and production order applications. On 25 July 2022, Judge Davidson dismissed Mr…
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- AGLC
- Blackler v The King [2025] NZHC 658
- Case
- [2025] NZHC 658
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