NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF THE VICTIM IS PROHIBITED BY S 39 OF THE HARASSMENT ACT 1997. SEE
SUPPRESSION ORDERS EXIST IN RELATION TO ASPECTS OF THIS JUDGMENT PURSUANT TO S 39 OF THE HARASSMENT ACT 1997: SEE PARAGRAPH [105].
IN THE HIGH COURT OF NEW ZEALAND GREYMOUTH REGISTRY
I TE KŌTI MATUA O AOTEAROA MĀWHERA ROHE
CRI-2020-418-000002
[2020] NZHC 2810
BETWEEN OSVALDO ANTONIO REYES GONZALEZ
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 1 October 2020 Appearances:
K I Jefferies for the Appellant A M Harvey for the Respondent
Judgment:
28 October 2020
JUDGMENT OF NATION J
[1] The appellant, Mr Gonzalez, pleaded guilty to a charge of criminal harassment in respect of a person he had previously been in a relationship with for approximately one year. He appeals against a Judge’s refusal of a discharge without conviction and the refusal to suppress his name.1
1 Police v Gonzalez [2020] NZDC 15064.
GONZALEZ v POLICE [2020] NZHC 2810 [28 October 2020]
Background
[2] Mr Gonzalez’ one year relationship with the victim was ended by her in April 2019.
[3] The summary of facts stated that, after this, Mr Gonzalez engaged in persistent and unwanted electronic harassment of the victim in the form of emails and text messages.
[4] On 11 September 2019, he was warned for criminal harassment by a constable. The summary said he was served with papers clearly defining what amounted to harassment and advised to have no contact with the victim “or he may be committing harassment and could be charged”.
[5] He was charged in the District Court at Greymouth on 22 January 2020 under s 8(1)(a) Harassment Act 1997 that between 8 October 2019 and 25 December 2019 at Dunedin he harassed the victim by regular unwanted electronic contact in the form of emails and text messages, having already persistently harassed the victim by email and text messaging between April 2019 and July 2019, intending that harassment to cause the victim to fear for her safety.
[6]Section 6 Harassment Act states:
6 Object
(1) The object of this Act is to provide greater protection to victims of harassment by—
(a)recognising that behaviour that may appear innocent or trivial when viewed in isolation may amount to harassment when viewed in context; and
(b)ensuring that there is adequate legal protection for all victims of harassment.
(2) This Act aims to achieve its object by—
(a)making the most serious types of harassment criminal offences:
(b)empowering the court to make orders to protect victims of harassment who are not covered by family violence legislation:
(c)providing effective sanctions for breaches of the criminal and civil law relating to harassment.
(3) Any court which, or any person who, exercises any power conferred by or under this Act must be guided in the exercise of that power by the object specified in subsection (1).
[7]Section 3(1) states:
3 Meaning of harassment
(1) For the purposes of this Act, a person harasses another person if he or she…
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