H v Police HC Rotorua CRI 2009-463-63

[2009] NZHC 2393

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CRI 2009-463-63

BETWEEN  H

Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         30 November 2009

Appearances: Max Simpkins for Appellant

Mark Wright for Respondent

Judgment:      30 November 2009

JUDGMENT OF HARRISON J

SOLICITORS

Lance Lawson (Rotorua) for Appellant

Gordon Pilditch (Rotorua) for Respondent

H V POLICE HC ROT CRI 2009-463-63  30 November 2009

[1]      Mr H   appeals against an order made in the District Court at Rotorua  on  8  July  2009  ordering  the  destruction  of  his  jacket  and  a  patch (presumably relating to a gang) following his conviction on a charge of possession of an offensive weapon.  He does not appeal against an order made also for destruction of the weapon or a sentence of 350 hours of community work.

[2]      The Crown responsibly accepts that the learned District Court Judge did not have jurisdiction to order destruction of the jacket and patch.  Accordingly the appeal

is allowed and the order made in the District Court is set aside.

Rhys Harrison J