H v Police HC Rotorua CRI 2009-463-17
[2009] NZHC 2205
•8 December 2009
This case has been anonymized
IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
CRI 2009-463-17
BETWEEN H
Appellant
ANDNEW ZEALAND POLICE Respondent
Hearing: 8 December 2009
Appearances: No appearance by or on behalf of Appellant
Laura Owen for Respondent
Judgment: 8 December 2009
JUDGMENT OF HARRISON J
SOLICITORS
Gordon Pilditch (Rotorua) for Respondent
(copy to Appellant in person)
H V POLICE HC ROT CRI 2009-463-17 8
December 2009
[1] Ms H appeals against her convictions for obstructing the police, disorderly behaviour and failing to give her name and address on demand. She was convicted and discharged on all three offences following a defended hearing in the District Court at Rotorua on 20 May 2008.
[2] Ms H has courteously advised the registry that she will not be appearing in support of her appeal today. She has elected to take her case directly to Her Majesty the Queen. She has filed a document described as a Writ of Habeas Corpus purporting to charge the Queen and a wide range of others with treason. However, I am not able to consider those issues within this relatively limited jurisdiction.
[3] In the normal course Ms H 's appeal would be dismissed for her failure to appear today with notice of this fixture. However, in the best traditions of fairness and impartiality practised by the Crown Solicitor in this city, Ms Owen for the police concedes that the appeal against conviction for disorderly behaviour should be quashed. It appears that Judge Cooper inadvertently entered the conviction on
27 August 2008 on the basis that he had earlier found the charge proven against Ms H . However, as Ms Owen points out, the Judge expressly found Ms H not guilty.
[4] Accordingly I quash Ms H 's conviction for disorderly behaviour but dismiss her appeals against conviction for obstructing the police and failing to give
her name and address on demand.
Rhys Harrison J
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