Butler v Police

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2015-404-000118 [2015] NZHC 2577

BETWEEN

JESSIE BUTLER

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:	5 October 2015
Appearances:	Appellant in Person Glyn Hughes for the Respondent
Judgment:	20 October 2015

JUDGMENT OF MOORE J [Appeal against conviction and sentence]

This judgment was delivered by me on 20 October 2015 at 3:30pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/ Deputy Registrar

Date:

BUTLER v NEW ZEALAND POLICE [2015] NZHC 2577 [20 October 2015]

Introduction

[1]      On 12 January 2015, following a Judge-alone trial before Judge P Sinclair in the District Court at North Shore, Jessie Butler1  was convicted of common assault2 and threatening to kill.3

[2]      Mr Butler chose to represent himself in the District Court.  He also appeared on his own behalf in this Court.

[3]      The charges arose in the immediate aftermath of Mr Butler being served with a trespass notice.  Her Honour accepted the complainant’s evidence that Mr Butler attempted to punch the complainant who dodged the blow and then hit Mr Butler knocking him to the ground where he was restrained until the Police arrived.  During the restraint Mr Butler deliberately spat on the complainant’s face.

[4]      Her Honour accepted the complainant’s evidence and found the charge of assault proved.  In relation to the threatening to kill her Honour noted that Mr Butler acknowledged he had made the threats but that he did so because he believed the complainant was trying to kill him.  Her Honour rejected Mr Butler’s account and found this charge proved also.

[5]      Having been convicted, Mr Butler was sentenced to 100 hours’ community service and nine months’ supervision.

[6]      Mr Butler now appeals his convictions and sentence on various grounds.

Factual and procedural background

[7]      The  complainant  in  this  matter,  Mr  Blair,  was  employed  by  Massey

University at its Albany Campus.  He was Director of Campus Security, a role which he had held for 15 years since leaving the Police.

1      In evidence Mr Butler said his full name was Jessie Waiariki Tamanava Butler.

2      Summary Offences Act 1981, s 9:   maximum penalty six months’ imprisonment or fine of

$4,000.

3      Crimes Act 1961, s 306: maximum penalty seven years’ imprisonment.

[8]      On 17 February 2014, Mr Blair was instructed by his employer to serve a trespass notice on Mr Butler.  It appears that during the day Mr Butler had directed some threats towards university staff at the campus medical centre.  Mr Blair had not previously dealt with Mr Butler.  He was given Mr Butler’s name, description and home  address.    From  those  details  he  prepared  the  trespass  notice.    Later  that evening he went to Mr Butler’s address in Browns Bay and knocked on the door.  It was answered by someone who did not fit Mr Butler’s description.  At about this time a car sped down the driveway and slid to a halt.  It was Mr Butler.  He got out of the car and walked towards Mr Blair who he handed…