Cresswell v Police

[2017] NZHC 1710

IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY

CRI 2017-416-8 [2017] NZHC 1710

BETWEEN

WADE LAWRENCE CRESSWELL

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:	11 July 2017, further material received on 14 and 20 July 2017
Counsel:	B Shackell for Appellant C R Stuart for Respondent
Judgment:	21 July 2017

JUDGMENT OF ELLIS J

[1]      Mr Cresswell was sentenced to two years and one month’s imprisonment on

16 May 2017, having pleaded guilty to a charge of demanding with intent to steal. He subsequently appealed that sentence.

[2]      At the hearing of his appeal on 11 July it became apparent that things may have gone awry at an earlier point in time, prior to the entry Mr Cresswell’s plea.  I do not intend to go into detail today.  For immediate purposes it suffices to record that the upshot is:

(a)       Mr Cresswell was given leave to appeal his conviction out of time and has since filed that appeal, together with a supporting affidavit;

(b)the Crown agrees that the appeal should be allowed on the grounds that a miscarriage of justice has occurred;

(c)       the nature of the miscarriage is such that the Crown agrees that it will not be seeking a retrial.

CRESSWELL v NEW ZEALAND POLICE [2017] NZHC 1710 [21 July 2017]

[3]      Mr Cresswell’s appeal against conviction is allowed and his conviction is quashed.

[4]      More detailed reasons will follow in due course.

[5]      I thank both counsel for their  assistance.     Mr Cresswell owes a debt  of gratitude to Ms Shackell.

Rebecca Ellis J

Solicitors:

Woodward Chrisp, Gisborne for Appellant

Crown Solicitors’ Office, Gisborne for Respondent