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…
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- Flint v Police [2021] NZHC 84
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- [2021] NZHC 84
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