IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
CRI-2016-425-000041 [2017] NZHC 346
BETWEEN CRAIG ROBERT BRADSHAW
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 2 February 2017 Appearances:
L S Collins for the Appellant
S N McKenzie for the RespondentJudgment:
6 March 2017
JUDGMENT OF NATION J
Introduction
[1] On 13 June 2014, in the early hours of the morning, there was an altercation outside a bar in Queenstown. The victim, who was a security officer at the bar, was punched and kicked. Mr Bradshaw was arrested and charged with assault with intent to injure on 16 June 2014.
[2] On 17 May 2016, Mr Bradshaw’s counsel filed submissions in support of an application for dismissal of the charge against him because of undue delay. That application was argued at a hearing on 10 June 2016. The application was refused in a judgment of 13 June 2016.
[3] On 14 June 2016, after a Judge alone trial, Mr Bradshaw was found guilty of one charge of assault with intent to injure.
BRADSHAW v POLICE [2017] NZHC 346 [6 March 2017]
[4] On 17 October 2016, his application to be discharged without conviction was refused. He was fined $500 and was ordered to pay Court costs of $130 and an emotional harm payment to the victim of $750.
[5] Mr Bradshaw has appealed against sentence and conviction. Effectively, it is an appeal against each of the three decisions just referred to.
Appeal out of time
[6] The notice of appeal was filed six days out of time. The reasons given for the delay were counsel’s other commitments and the geographic separation of the appellant who was based in Auckland and counsel who was based in Queenstown. The Police do not oppose the application for leave to appeal out of time. There does not appear to be any prejudice. Leave to appeal out of time is accordingly granted.
Jurisdiction and principles on appeal
[7] Mr Bradshaw has a right of appeal to this Court pursuant to s 229 Criminal Procedure Act 2011 (CPA). I must allow an appeal only if satisfied that the Judge erred in her assessment of the evidence to such an extent that a miscarriage of justice has occurred.1 Alternatively, that a miscarriage of justice occurred for “any other reason”.2 Section 232(4) CPA defines “miscarriage of justice” as:
… any error, irregularity, or occurrence in or in relation to or affecting the
trial that—
(a) has created a real risk that the outcome of the trial was affected; or
(b) has resulted in an unfair trial or a trial that was a nullity.
[8] In Condon v R, the Supreme Court stated that “it is not every departure from good practice which renders a trial unfair”.3 Instead, the errors or irregularities must depart from good practice in a manner that is “so gross, or so persistent, or so
prejudicial, or so irremediable” that the court must quash the decision.4
1 Criminal Procedure Act 2011, s 232(b).
2…
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- Bradshaw v Police [2017] NZHC 346
- Case
- [2017] NZHC 346
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CaseChat Overview and Summary
The Court found that the delay in the proceedings was not undue and did not prejudice Mr Bradshaw. The Court found that the Judge alone's expression of a view during the trial did not affect the outcome of the trial and was not an error that resulted in a miscarriage of justice. The Court found that the District Court properly considered the application for discharge and reached the right conclusion.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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