Fielding v Police - [2024] NZHC 1455

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CRI-2024-485-000033

[2024] NZHC 1455

BETWEEN
ALISOHN FIELDING

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 21 May 2024

Counsel:

Appellant in person

M A Shaw for Respondent

Judgment:

5 June 2024

JUDGMENT OF LA HOOD J

Introduction

[1] Alisohn Joan Fielding (who has asked to be called Alisohn) was convicted by Judge N A Walsh following a Judge-alone trial on 4 December 2023 on charges of exceeding the applicable speed limit of 50 kilometres per hour (km/hr);1 resisting a constable acting in the execution of his duty;2 failing to stop when followed by red and blue flashing lights;3 and failing to give her name and address on demand, being the driver of a vehicle stopped.4

[2] On 26 March 2024, Judge Walsh sentenced Alisohn to pay $500.00 towards the cost of prosecution on the charge of resisting police (taken as the lead charge) and

1      New Zealand Police v Fielding [2023] NZDC 2723 [Decision under appeal].
2      Summary Offences Act 1981, s 23(a); maximum penalty three months’ imprisonment/$2,000 fine.
3      Land Transport Act 1998, s 52A(1)(a)(ii) and 114(2); maximum penalty $10,000 fine.
4      Section 52A(1)(c); maximum penalty $10,000 fine.

FIELDING v NEW ZEALAND POLICE [2024] NZHC 1455 [5 June 2024]

convicted and discharged Alisohn on the other charges.5 Alisohn now appeals her convictions and sentence.

The Judge-alone trial and decision

[3] A Judge alone trial occurred at the Porirua District Court on 4 December 2023. Judge Walsh reserved his decision which was delivered on 12 February 2024 following receipt of further submissions.6 The Judge found all elements of the charges proven.

[4] At the outset of Judge Walsh’s decision, he notes that the charges were first called on 15 November 2022, and the Judge-alone trial on 4 December 2023 was the 18th “judicial event” for the matter in Court.7 This included an unsuccessful s 147 application by Alisohn.8 On the morning of the trial, Alisohn unsuccessfully advanced an “injunction” application to prevent Judge Elkin from making any further judgments in the matter.9

[5] Judge Walsh dismissed Alisohn’s sovereign citizen-type jurisdictional arguments,10 and proceeded to consider the evidence. The Judge’s decision traversed the evidence which comprised that of Senior Constable Aaron John; Constable Lisa Maree Barber; documents from a Radiologist and Physiotherapist relating to Alisohn’s purported injuries following her arrest (during which she contends she was physically assaulted); and defence evidence from Eric Cocker and Jack Cocker who were nearby the scene on 1 November 2022. Alisohn elected not to give evidence.

[6]The Judge’s key findings were:

[104] I find proven that on 1 November 2022, Alisohn drove a Suzuki Swift vehicle Registration No JSB367 on a road, at a speed of 65 kms/hr exceeding 50 kms/hr, being the applicable posted speed limit. I accept the accuracy of what was recorded in the radar logbook, speedometer, and odometer. There is no contrary evidence.

5 New Zealand Police v Fielding [2024] NZDC 9995.
6 Decision…

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 Fielding v Police

Details

AGLC: Fielding v Police [2024] NZHC 1455
Case: [2024] NZHC 1455
Decision Date: 5 June 2024

CaseChat Overview and Summary

Alisohn Fielding was convicted by Judge N A Walsh of exceeding the speed limit, failing to stop when followed by flashing lights, failing to provide her name and address, and resisting police. She appealed both her convictions and sentence. The High Court found that the evidence was sufficient to prove the charges beyond reasonable doubt and that there was no error in the Judge’s assessment of the evidence. The appeal against conviction was dismissed. Regarding the sentence, the High Court found that the District Court had jurisdiction to sentence despite the appeal against conviction being filed, and the sentence of a $500.00 fine was not manifestly excessive. The sentence appeal was also dismissed. The final orders were that both the conviction and sentence appeals were dismissed.

Orders