IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE
CRI-2024-425-53
[2025] NZHC 2100
BETWEEN TAINE JOSEPH FLATMAN-WILLIAMS
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 28 July 2025 Appearances:
J A T Ross for Appellant
M B Brownlie for Respondent
Judgment:
30 July 2025
JUDGMENT OF DUNNINGHAM J
This judgment was delivered by me on 30 July 2025 at 9.30 am, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar Date……………
FLATMAN-WILLIAMS v NEW ZEALAND POLICE [2025] NZHC 2100 [30 July 2025]
Introduction
[1] The appellant, Taine Flatman-Williams, pleaded guilty to a charge of common assault.1 Judge Duggan refused to grant him a discharge without conviction. Instead, she convicted him and ordered him to pay a $500 emotional harm reparation.2 Mr Flatman-Williams now appeals that decision.
Facts
[2] On 25 March 2024, around 1.30 am, the appellant was at a bar in Queenstown. There were concerns about the behaviour of the appellant and a second man (who was removed from the bar without issue). When the appellant was asked to leave, he refused. He was holding two glasses. The staff took the glasses off him, got him out of the bar and when he was released, he punched the doorman in the jaw.
[3] About 10 minutes later, the appellant climbed onto a wheelie bin and jumped into the bar’s courtyard. When he was found, he was again physically removed from the premises by the doorman. When outside, the doorman pushed the appellant to create space between them given he had earlier been punched. When pushed, the appellant fell to the ground then leapt up and delivered three or four further punches to the victim’s face.
District Court decision
[4] The Judge acknowledged the appellant sought a discharge without conviction. As she identified, that required her to consider both the seriousness of the offending and the potential consequences of a conviction.
[5] The Judge considered the seriousness of the offence was moderate. In reaching this conclusion, she noted that the first punch connected with the victim’s head and there were further punches. She also noted the victim impact statement which recorded the victim’s anxiety in going back to work for fear of another assault. She also took account of the appellant’s guilty plea, the fact it was his first conviction, and
1 Crimes Act 1961, s 196; maximum penalty one year’ imprisonment.
2 Police v Flatman-Williams [2024] NZDC 25514.
that he had done “quite a bit” of voluntary work and personal work since the offending, having completed 101 hours of voluntary work and completed the Positive Life Skills programme.
[6] Turning to the consequences of conviction, the Judge recorded that the appellant was concerned about the potential impact on his P endorsement on his driver’s licence, his employment, and on the ability to travel in the future.
[7] The Judge was not satisfied the potential consequences were out of all proportion to the seriousness of the offending. She was not prepared…
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CaseChat Overview and Summary
The central issue in the appeal was whether Judge Duggan erred in not granting Flatman-Williams a discharge without conviction. The appeal hinged on whether the consequences of a conviction were out of all proportion to the seriousness of the offending. This involved a two-step analysis: first, determining the gravity of the offending, and second, assessing the direct and indirect consequences of a conviction.
Judge Dunningham examined the gravity of the offending, considering the appellant's multiple punches to the victim, the victim's injuries, and the appellant's personal mitigating factors such as his guilty plea, prior good character, voluntary work, and remorse. The Judge concluded that while these factors did reduce the gravity of the offending to low-to-moderate, they did not sufficiently mitigate the seriousness of the offence.
Next, the Judge assessed the consequences of a conviction, focusing on the appellant's concerns about the stigma of a conviction, potential impacts on his employment, and future overseas travel. The Judge found that these consequences were either speculative or were consequences of the offending itself rather than the conviction. Therefore, the Judge concluded that the consequences were not out of all proportion to the gravity of the offending, and dismissed the appeal.
The High Court upheld the District Court's decision, dismissing the appeal and affirming the conviction and the emotional harm reparation.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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