IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CRI-2017-085-553
[2021] NZHC 1965
BETWEEN AHMED HIRS HILDIID
Appellant/Applicant
AND
THE NEW ZEALAND POLICE
Respondent
Hearing: 21 July 2021 Counsel:
C J Tennet for the Appellant/Applicant R E Harcourt for the Respondent
Judgment:
30 July 2021
JUDGMENT OF CULL J
[1] In 19 September 2017, Mr Hildiid was found guilty of common assault1 and convicted and fined $800, with additional court costs of $130 in the District Court at Wellington.2 He now applies for leave to appeal out of time and to adduce fresh evidence.
Background of the offending
[2] Because the appeal requires leave, being three and a half years after the conviction and sentence, no notes of evidence have yet been transcribed. The facts are therefore taken from the summary of facts, which the Judge ultimately accepted.
[3] On 16 February 2017 at around 2 pm, the complainant was walking from his café on Riddiford Street towards a dairy also located on this street. He was intending
1 Crimes Act 1961, s 196; maximum penalty one-year imprisonment.
2 New Zealand Police v Hildiid [2017] NZDC 21222.
HILDIID v THE NEW ZEALAND POLICE [2021] NZHC 1965 [30 July 2021]
to replenish supplies for his café there. He then saw Mr Hildiid driving past him as he was crossing the road. The complainant and Mr Hildiid were well known to each other. They had a long history of ill-will toward each other and were not friends. The complainant became concerned for his safety and quickly moved to the dairy, stating that he intended to seek refuge there. He said the defendant parked his car at the bus stop near the dairy and got out of the car, confronting the complainant on the footpath. When the complainant tried to get away, Mr Hildiid punched him on the back of the head and then on his back, pursuing the complainant into the dairy. The police were called.
[4] Mr Hildiid denies the offending. He said that he was driving along Riddiford Street on 16 February 2017 with his windows down. He first saw the complainant on the other side of the road, standing outside McDonalds. McDonalds is in the opposite direction from the complainant’s café and the dairy, to where the complainant said he was heading. He said the complainant began yelling abuse at Mr Hildiid and gestured at him. Mr Hildiid says he continued driving and pulled up at the dairy as he needed a new phone card. At that time, the complainant had run from McDonalds to the rear of Mr Hildiid’s car and hit the car with his hands. They had an argument by the driver’s door about the complainant touching his car and approaching him. They proceeded to the back of the car for a minute or so. Mr Hildiid says that he may have been gesturing with his hand raised but did not touch the complainant or assault him.…
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- Hildiid v Police [2021] NZHC 1965
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