| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA112/2024 |
| BETWEEN | SIMON JOHN MINSON CHARTERIS |
| AND | THE KING |
| Hearing: | 14 May 2025 |
Court: | Thomas, Fitzgerald and Eaton JJ |
Counsel: | E J Forster and S B W Yee for Appellant |
Judgment: | 16 June 2025 at 2.30 pm |
JUDGMENT OF THE COURT
AThe appeal is allowed.
BThe appellant is discharged without conviction on all three charges.
CThe fine of $3,800 is set aside and an order that the appellant pay $3,800 towards the Ministry for Primary Industries’ costs is substituted.
____________________________________________________________________
REASONS OF THE COURT
(Given by Thomas J)
At 54 years of age and with no prior convictions,[1] Simon Charteris was convicted of three charges of permitting without reasonable excuse rams to be transported when they were unfit for transport.[2] He now appeals against the refusal to discharge him without conviction.
Background
[1]Save for a 1987 conviction for being a minor found in a bar.
[2]Ministry for Primary Industries v Charteris [2023] NZDC 3883 [conviction judgment]; and Animal Welfare Act 1999, s 23(2)(c).
Mr Charteris was convicted of the three charges following a Judge-alone trial before Judge Matenga in the District Court at Hastings.[3]
[3]Conviction judgment, above n 2.
On sentencing Mr Charteris on 18 August 2023, the Judge accepted the gravity of the offending was low, the result of an inadvertent slip or a simple error.[4] In two instances, the rams were lame and in one the ram had an ingrown and cracked horn.[5] He also accepted that there was a real and appreciable risk of a conviction having a consequential impact on Mr Charteris’ employment.[6] But he was not persuaded the consequences of conviction would be out of all proportion to the gravity of the offending.[7] He declined Mr Charteris’ application for a discharge without conviction and fined him $3,800.[8]
[4]Ministry of Primary Industries v Charteris [2023] NZDC 12477 [discharge judgment] at [21] and [35].
[5]At [3].
[6]At [33].
[7]At [37].
[8]At [55].
Mr Charteris appealed his conviction to the High Court on the grounds the Judge erred by misapplying the onus and standard of proof, failing to identify the critical issue on the charges, and making a broad credibility preference as to the expert evidence.[9] He did not appeal his fine or the refusal to discharge him without conviction. On 22 November 2023, in the High Court, Grice J dismissed Mr Charteris’ conviction appeal.[10]
[9]Charteris v Ministry for Primary Industries [2023] NZHC 3321 [conviction appeal judgment] at [22].
[10]At [54].
Mr Charteris then sought to appeal the decision not to discharge him without conviction, by way of a sentence appeal.[11]
[11]Charteris v Ministry for Primary Industries [2024] NZHC 353 [jurisdiction judgment] at [4].
An appeal solely seeking to challenge a discharge without conviction decision is properly characterised as an appeal against conviction.[12] The High Court therefore concluded that, because Mr Charteris had already appealed his conviction, the High…
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- AGLC
- Charteris v The King [2025] NZCA 244
- Case
- [2025] NZCA 244
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