H v Police HC Christchurch CRI 2008 409 214

[2009] NZHC 168

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI 2008 409 214

H

Appellant

v

POLICE

Respondent

Hearing:         19 February 2009

Appearances: Appellant in Person

R M Thomas and S Jamieson for Respondent

Judgment:      19 February 2009

ORAL JUDGMENT OF CHISHOLM J

[1]      On 4 December 2008 Mr H   entered a plea of guilty to a charge of shoplifting and was sentenced to 100 hours community work.   He appeals against both conviction and sentence.

[2]      Having heard Mr H   it is obvious that he is seeking to change his plea on the basis that he was “railroaded” into a guilty plea.   He claims that despite numerous attempts on his part he was unable to make contact with his lawyer until the night before the hearing and when he was at Court the next day he did not have a proper opportunity to discuss the matter with his lawyer.  He said he was confused

when he entered the plea of guilty.

H V POLICE HC CHCH CRI 2008 409 214  19 February 2009

[3]      Given that the core of the complaint is about legal representation, I have explained to him that the usual course is to obtain the lawyer’s version of events.  Mr H   has confirmed that privilege is waived.  I have also explained that once this information has been obtained the matter will come before the Court again and a Judge will decide whether Mr H  ’s plea should be vacated, a not guilty plea entered and the matter re-heard in the District Court.

[4]      The matter is adjourned to 26 March 2009 at 11.45am.  (To Mr H  ). Before that time Ms Jamieson will arrange for any affidavit from Mr Stringer to be made available to you.  When you come to Court next time you should bring to the Judge’s attention any matters in Mr Stringer’s affidavit with which you disagree. You might want to give evidence.  Then the Judge will decide whether or not your guilty plea should be vacated.   If so, your case will be heard again in the District Court.  The other thing I should say to you is that you might be eligible for legal aid. I know your experience to date is not a happy one.  (Discussion between Bench and Mr H  ).  We will see what happens there.  But bear in mind if your plea is vacated, there is a defended hearing in the District Court, and you are found guilty then the 100 hours might be increased.  The 100 hours was on the basis of a guilty plea.

Solicitors:         Crown Solicitor, Christchurch

Copy to:           The Appellant