Flint v Police - [2021] NZHC 84

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2020-404-000455

[2021] NZHC 84

BETWEEN
DARRELL LEE FLINT

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 2 February 2021

Counsel:

GJ Newell for Appellant

TCT Riley for Respondent

Judgment:

5 February 2021

JUDGMENT OF DOWNS J

This judgment was delivered by me on Friday, 5 February 2021 at 11 am.

Registrar/Deputy Registrar

Solicitors/Counsel:
Crown Solicitor, Manukau. GJ Newell, Auckland.

FLINT v POLICE [2021] NZHC 84 [5 February 2021]

The appeal

[1] Darrell Flint injured his partner with intent to injure; and committed wilful damage. Mr Flint sought to be discharged without conviction. Judge GT Winter declined the application.1 Mr Flint appeals.2 He contends the consequences of conviction, especially his likely deportation, are out of all proportion to the gravity of his offending.

Background

[2] Mr Flint and the victim were in a relationship for approximately 18 months and lived together. The offending occurred 14 December 2018. Mr Flint and the victim were in bed. She was talking on the telephone to the brother of a friend. Mr Flint accused the victim of cheating. Argument ensued. Mr Flint grabbed the victim’s telephone and threw it to the ground. It broke. Mr Flint then went upstairs and threw the victim’s belongings downstairs. He grabbed the victim’s throat—and applied pressure. Mr Flint then punched the victim twice to the face. She fell to the ground and momentarily lost consciousness.

[3] Mr Flint took the victim to hospital. There, she approached a Police officer. Mr Flint acknowledged an assault to Police.

[4] The victim suffered a broken nose and swelling to her face. It appears she continues to suffer “long term concussion” and other forms of trauma.3

[5] Charges were laid immediately, including one of strangulation. Mr Flint pleaded guilty on 12 August 2019. The strangulation charge was abandoned. Judge Winter declined to discharge Mr Flint on 19 June 2020. Sentencing took place 31 August 2020.4

1      Police v Flint [2020] NZDC 11564.
2      The appeal is a little out of time. Police do not oppose an extension, which I grant.
3      Victim impact report, 12 August 2019.
4      Police v Flint [2020] NZDC 17597.

[6] Mr Flint is a citizen of the United Kingdom. He was granted permanent residence here September 2017.

The District Court hearing

[7] Mr Flint sought to be discharged on the basis conviction could result in his deportation. The Judge held the offending, including mitigating features, was “moderately serious”.5 He held risk of deportation was somewhat speculative, and in any event, a matter for others. Mr Flint also sought to be discharged on the basis of potentially adverse employment consequences. The Judge held this risk was somewhat speculative too, but this issue no longer assumes importance.6

Principle

[8] A Court may discharge a defendant without conviction if satisfied the direct and indirect consequences of a conviction would be out of all proportion to the gravity of the offending.7 The Court first assesses…

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 Flint v Police

Details

AGLC: Flint v Police [2021] NZHC 84
Case: [2021] NZHC 84
Decision Date: 5 February 2021

CaseChat Overview and Summary

In the High Court of New Zealand, Darrell Lee Flint appealed against the District Court's decision to decline his application for discharge without conviction. The District Court found that the consequences of conviction, particularly the risk of deportation, were not out of proportion to the gravity of his offending. Mr. Flint argued that the consequences of his conviction, especially his likely deportation, were disproportionately severe compared to the seriousness of his offending. The court considered the nature of the assault, the victim's injuries, and Mr. Flint's mitigating factors, including his remorse and good character. The court also reviewed the Immigration Act 2009, which stipulates that Mr. Flint, a permanent resident, is liable for deportation if convicted of an offence carrying a penalty of two years or more imprisonment. Despite the mitigating factors, the court found that Mr. Flint's offending was moderately serious and that the likely deportation was not out of proportion to the gravity of the offence. The appeal was dismissed.

Orders