Hepi v Police

[2015] NZHC 1824

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2015-409-57 [2015] NZHC 1824

BETWEEN

THOMAS DENNIS TAME-PONUI HEPI

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:

4 August 2015

(on the papers)

Appearances:

No appearance required
P.F. Wicks QC for the Appellant
B. Hawes for the Respondent

Judgment:

4 August 2015

JUDGMENT OF DAVIDSON J

[1]      This is an appeal against conviction for driving with excess breath alcohol.

[2]      The appellant, Mr Hepi says he was wrongly convicted, as he was not the driver at the relevant time, and he did not enter the guilty plea.

[3]      The  respondent  through  counsel  Mr  Hawes  properly  accepts  that  the fundamental issue of identity should be the subject of rehearing.

[4]      Leave to appeal out of time is granted. The Appeal is allowed, the conviction set aside, and the prosecution is remitted to the District Court for rehearing, de novo.

……………………………………

Davidson J

HEPI v NEW ZEALAND POLICE [2015] NZHC 1824 [4 August 2015]