IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE
CRI-2019-412-000010
[2019] NZHC 2805
BETWEEN JOEL NIKOLI HINTZ
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 23 October 2019 Appearances:
G L Turkington for Appellant C Power for Respondent
Judgment:
31 October 2019
JUDGMENT OF DUNNINGHAM J
This judgment was delivered by me on 31 October 2019 at 3.00 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date 31 October 2019
[1] On 7 November 2017, the appellant, Joel Hintz, pleaded guilty to a charge of injuring in circumstances that if death had occurred, he would have been guilty of manslaughter.1 He now appeals that conviction, seeking that his guilty plea be set aside and the charge remitted to the District Court for rehearing.
1 Crimes Act 1961, s 190.
HINTZ v NEW ZEALAND POLICE [2019] NZHC 2805 [31 October 2019]
[2] Mr Hintz acknowledges that an appeal against conviction after a guilty plea has been entered will only be allowed in exceptional circumstances. However, in this case, despite being advised by experienced counsel, Mr Turkington submits that the circumstances in which Mr Hintz entered his guilty plea produced a miscarriage of justice.2 This is because:
(a)Mr Hintz was “substantially impaired” when he entered a plea of guilty;
(b)he had a clear defence of self-defence to the charge;
(c)he was inadequately advised of such a defence; and
(d)that, at least, a discharge without conviction should have been applied for.
A further ground was introduced in submissions and focused on at hearing, which was that the summary of facts was not agreed upon before the plea was entered.
[3] Mr Hintz says that these factors, either individually, or in combination, gave rise to a miscarriage of justice, and warrant the appeal being allowed.
Leave to appeal
[4] The appeal is brought well out of time, being filed on 1 March 2019, and more than a year after the conviction was entered and Mr Hintz sentenced. Mr Hintz explains his delay in lodging the appeal saying that initially he did not understand there was anything he could do. However, after newspaper coverage of his conviction and at the urging of his parents, he consulted a lawyer in June 2018. Mr Turkington advised that a medical report was required for the appeal and Mr Hintz was unable to see a psychiatrist until late January 2019 because of a shortage of qualified mental health assessors. His appeal was filed as soon as reasonably practicable after the psychiatric report was completed.
2 As required by s 232(2)(c) of the Criminal Procedure Act 2011.
[5] Leave is opposed by the respondent, noting that the appeal could have been filed at an earlier date.
[6] However, as the respondent accepts, the question of whether leave should be granted depends on whether it is in the interests of justice in the particular case.3 That requires consideration of the wider interests of society and the finality of decisions to…
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