Hazlewood v Police HC Timaru CRI-2011-476-000003

[2011] NZHC 762

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

CRI-2011-476-000003

CHRISTOPHER RONALD CHARLES HAZLEWOOD

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         6 July 2011

Appearances: Appellant appears in Person

L C Denton for Respondent

Judgment:      6 July 2011

ORAL JUDGMENT OF CHISHOLM J

[1]      Following a defended hearing in relation to a charge of failing to give way the appellant was found guilty.  The Justice recorded “nothing has come before the Justices to persuade us other than that the charge has been proved”.  The transcript is littered with notations “inaudible”.  On the face of the record I cannot be sure that the Justice applied the correct test, nor can I be sure as to exactly what evidence was given against the appellant.

[2]      In all the circumstances I consider the conviction to be unsafe.  The appeal is allowed.  The conviction is quashed.  It will not be referred back for rehearing.  That

means, Mr Hazlewood, the matter is at an end as far as you are concerned.

HAZLEWOOD V NEW ZEALAND POLICE HC TIM CRI-2011-476-000003 6 July 2011

Solicitors:

Copy to appellant

R P Bates, P O Box 803, Dunedin