IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CRI-2014-485-000084
CRI-2014-485-000085 [2015] NZHC 259
BETWEEN NEIL MARTIN CLARKE
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 24 February 2015 Counsel:
C L Hollingsworth for Appellant
I R Murray for RespondentJudgment:
24 February 2015
JUDGMENT OF COLLINS J [Appeal against convictions and sentence]
Introduction
[1] This judgment explains why I am dismissing one appeal and allowing part of a second appeal brought by Mr Clarke in relation to decisions made by Judge Cameron in the Wellington District Court on 4 November 2014.
[2] In his first appeal Mr Clarke challenges a decision by Judge Cameron in which his Honour dismissed an application brought by Mr Clarke pursuant to s 147 of the Criminal Procedure Act 2011 (the Act). Mr Clarke applied to Judge Cameron to have two charges dismissed. The charges in question were:
(1) one charge of assaulting a constable;1 and
(2) one charge of assaulting a second constable.2
1 Crimes Act 1961, s 192(2). Maximum penalty is three years’ imprisonment.
2 Summary Offences Act 1981, s 10. Maximum penalty is six months’ imprisonment or a $4,000
CLARKE v NEW ZEALAND POLICE [2015] NZHC 259 [24 February 2015]
[3] Mr Clarke’s second appeal is against his convictions and a total sentence of
160 hours’ community work imposed by Judge Cameron in relation to the two
charges I have referred to in paragraph [2].
[4] At the commencement of the hearing Ms Hollingsworth, counsel for Mr Clarke, advised she had instructions to seek an adjournment. The basis of the adjournment was that I had apparently heard an appeal involving Mr Clarke in 2013 and that “further consequences might flow” from my decision. I could not recall Mr Clarke or his 2013 appeal until Ms Hollingsworth explained the circumstances of that case.
[5] Ms Hollingsworth’s instructions did not enable her to elaborate on why I should adjourn the appeal and/or recuse myself. I therefore proceeded to hear the appeal.
Background
[6] On 23 April 2014 Mr Clarke was at his home in Arlington Street, Wellington. He telephoned the police several times complaining about voices he could hear from a neighbouring property. Mr Clarke was told on several occasions by the Police Communications Centre (Police Communications) that the police would not be responding to his call. At approximately 6.20 pm he telephoned the police again, saying he had mixed up some chemicals and was going to blow something up.
[7] Understandably, this telephone call resulted in the police dispatching officers
to the scene. Mr Clarke’s address was searched but no bomb was found.
[8] Mr Clarke was taken into custody. He was charged with misusing a telephone3 and released on police bail. A condition of the police bail was that Mr Clarke was not to telephone emergency services except in case of a genuine
emergency.
fine.
3 Telecommunications Act 2001, s 112(2)(b). Maximum penalty is three months’ imprisonment or a $2,000 fine.
[9] On 6 and 7 June 2014 Mr Clarke called the…
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- Case
- [2015] NZHC 259
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