Colman v Police - [2014] NZHC 3243

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI 2014-488-000007 [2014] NZHC 3243

BETWEEN
JOHN COLMAN

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing: 15 December 2014

Appearances:

Mr Colman, Appellant in person
G R Anson for Respondent
A Fairley, amicus curiae

Judgment:

17 December 2014

(RESERVED) JUDGMENT OF ANDREWS J [Appeal against conviction and sentence]

This judgment is delivered by me on 17 December 2014 at 4 pm pursuant to r 11.5 of the High Court Rules.

..................................................... Registrar / Deputy Registrar

COLMAN v NEW ZEALAND POLICE [2014] NZHC 3243 [17 December 2014]

Introduction

[1] Mr John Colman was convicted in the District Court at Whangarei on

11 February 2014 after pleading guilty to a charge of criminal harassment. He was ordered to come for sentence if called upon within 12 months. He has appealed against conviction and sentence.

[2] Mr Colman appealed his conviction on the grounds that his plea of guilty was coerced and he did not have enough time to consider his plea; and his acts did not amount to criminal harassment. He appealed against his sentence on the ground that he should have been given the opportunity to apply for a discharge without conviction.

[3] At the conclusion of the appeal hearing I advised the parties that I had concluded that Mr Colman’s appeal against conviction should be allowed and the conviction set aside. I sought submissions as to the disposition of this matter, in the light of that conclusion. Having heard further from Mr Colman, Mr Anson, and Mr Fairley, I reserved my decision on that point and indicated that it would be included in my reasons for judgment.

[4] I now set out my reasons for quashing the conviction, and my decision as to the further disposition of this matter.

Background

[5] On 1 November 2013 Mr Colman was charged with threatening to kill a named District Court Judge. The threat was alleged to have been made in a letter forwarded by Mr Colman to the Governor-General, as part of attempts by Mr Colman to obtain redress for what he believes to be injustices he has suffered in the past from the Police and the courts.

[6] The genesis of Mr Colman’s concerns is an incident that occurred on

17 December 2007. He was charged with disorderly behaviour and using insulting language towards people he says were trespassing on his property. He was subsequently found not guilty on the disorderly behaviour charge, but guilty of the

charge of using insulting language. On appeal, he was discharged without conviction.

[7] According to a Police summary of facts, Mr Colman then proceeded to go to “great lengths to try and remedy what he sees as a great grievance against him by Police and the Judiciary.” He sent emails to Members of Parliament, dignitaries, and “directly to persons holding office within the work environments of those offices he believes have done wrong by him.”

[8] In August 2013, Mr Colman sent an email to the Governor…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Colman v Police

Details

AGLC: Colman v Police [2014] NZHC 3243
Case: [2014] NZHC 3243
Decision Date: 17 December 2014

CaseChat Overview and Summary

Mr. John Colman appealed against his conviction and sentence in the High Court of New Zealand, Whangarei Registry, for a charge of criminal harassment. He argued that his guilty plea was coerced and that he did not have enough time to consider his plea. Additionally, he claimed that his actions did not amount to criminal harassment. The court found that Mr. Colman's appeal against conviction should be allowed, and his conviction set aside. The court concluded that Mr. Colman did not engage in a pattern of behaviour directed at the District Court Judge that included doing any specified act on at least two separate occasions within a period of 12 months, as required by the charge of criminal harassment. Furthermore, the court found that a miscarriage of justice occurred due to the circumstances in which Mr. Colman entered the guilty plea. It was determined that Mr. Colman did not receive proper legal advice, and he needed time to consider that advice. In the absence of those, a miscarriage of justice resulted. Therefore, the appeal was allowed, and Mr. Colman's conviction for criminal harassment was set aside.

Pursuant to s 233(3)(a) of the Criminal Procedure Act, the court directed that a judgment of acquittal be entered in place of the conviction, and made no further order.

Orders