IN THE HIGH COURT OF NEW ZEALAND
AUCKLAND REGISTRY
CRI-2017-404-000135
[2017] NZHC 1551
IN THE MATTER OF an appeal against conviction and sentence BETWEEN
DAVID NORMAN GREEN
Appellant
AND
NEW ZEALAND POLICE
Respondent
CRI-2017-404-000136 IN THE MATTER OF
an appeal against conviction and sentence
BETWEEN
DAVID NORMAN GREEN
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 19 June 2017 Counsel:
M J Hine for the Appellant
J D Cairney for the Respondent
Judgment:
6 July 2017
JUDGMENT OF EDWARDS J
This judgment was delivered by Justice Edwards on 6 July 2017 at 12.30 pm, pursuant to
r 11.5 of the High Court Rules
Registrar/Deputy Registrar Date:
GREEN v POLICE [2017] NZHC 1551 [6 July 2017]
Solicitors: Families Matter Law Practice, Rotorua Meredith Connell, Auckland
Introduction
[1] Mr Green was involved in an altercation with his partner’s son as the latter was trying to leave an Auckland market by car. Mr Green did not dispute punching his partner’s son, but claimed he did so in defence of his partner who he thought was in danger of being run over.
[2] Following a judge alone trial in the Auckland District Court,1 he was convicted of one charge of common assault.2 He was subsequently sentenced to 80 hours’ community work for that offence.3
[3] After a day in Court at the trial for that charge, Mr Green said to the police officer who had just given evidence, “you’re fuckin dead”. He was convicted of one charge of intimidation,4 following a judge alone trial at the Auckland District Court.5 He was sentenced to 100 hours’ community work for that offence.6
[4] Mr Green appeals both convictions and sentences. He says both Judges made errors of fact and law in finding the charges proved beyond reasonable doubt. He says the sentences are manifestly excessive.
[5] The conviction and sentence for common assault is considered first, followed by the conviction and sentence for the intimidation offence.
1 Police v Green [2016] NZDC 21230.
2 Summary Offences Act 1981, s 9. Maximum sentence is six months’ imprisonment or a fine of
$4,000.
3 Police v Green [2017] NZDC 26987.
4 Summary Offences Act 1981, s 21(1)(a). Maximum sentence is three months’ imprisonment or a fine of $2,000.
5 Police v Green [2017] NZDC 7254.
6 Police v Green [2017] NZDC 12971.
Approach on appeal
[6] Section 229 of the Criminal Procedure Act 2011 provides a right of appeal against conviction. An appeal court must allow the appeal if satisfied that, in the case of a judge alone trial, the judge erred in his or her assessment of the evidence to such an extent that a miscarriage of justice has occurred; or a miscarriage of justice has occurred for any reason.7
[7] A miscarriage of justice means any error, irregularity or occurrence in relation to or affecting the trial that created a real risk that the outcome was affected or resulted in an unfair trial or a trial that was a nullity.8 A “real risk” is a reasonable…
Continue reading Green v Police
Sign in free to access the full text
- AGLC
- Green v Police [2017] NZHC 1551
- Case
- [2017] NZHC 1551
- Decision Date
CaseChat Overview and Summary
Leave to appeal the conviction for the common assault out of time is granted. The appeals from both convictions are dismissed. The appeal from sentence for common assault is dismissed. The appeal from sentence for intimidation is allowed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.