Hunt v Police

[2019] NZHC 3373

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE

CRI-2019-441-000030

[2019] NZHC 3373

BETWEEN

GARY PHILIP HUNT

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:

5 November and 17 December 2019

Appearances:

Appellant in person

F E Cleary and C R Stuart for the Respondent

Judgment:

17 December 2019

JUDGMENT OF DOOGUE J

Introduction

[1]                 The appellant, Gary Philip Hunt appeals his conviction1 and sentence2 following a Judge-alone trial before Judge  Rea  in  the  District  Court  at  Napier. Mr Hunt faced two separate charges of intimidation under s 21 of the Summary Offences Act 1981 (the Act). One charge was dismissed. Mr Hunt was convicted on the second.

[2]                 Mr Hunt now appeals his conviction on the basis that the Judge erred in his assessment of the evidence to such an extent that a miscarriage of justice has occurred. He was fined the sum of $350.00 and ordered to pay Court costs of $130.00. He also appeals his sentence, saying it was manifestly excessive.

1      R v Hunt [2019] NZDC 13987 [Conviction decision].

2      R v Hunt [2019] NZDC 20989 [Sentencing decision]

HUNT v NEW ZEALAND POLICE [2019] NZHC 3373 [17 December 2019]

[3]                 This appeal was first heard on 5 November 2019. At that hearing, it became apparent that Mr Hunt was advancing trial counsel error as part of his conviction appeal. Accordingly, I considered it necessary to adjourn for two reasons. First, so that Mr Hunt could file an affidavit outlining his position on this point of appeal and allow the Crown to provide a response. And second, to afford Mr Hunt’s trial counsel the opportunity to file an affidavit in response in the interests of natural justice.

[4]                 Mr Hunt has since withdrawn trial counsel error as a ground of appeal. His appeal hearing resumed on this basis on 17 December 2019.

Background

[5]                 Mr Hunt and the victim in this matter, Ms Monique Richards, were known to each other before the proceeding now being appealed. Ms Richards is a courier driver and franchisee of a courier company, operating in a particular area of Napier in which both she and Mr Hunt lived. Over time, Ms Richards and Mr Hunt got to know each other well. At one stage, they discussed the idea of Mr Hunt purchasing the franchise from Ms Richards.

[6]                 Unfortunately, the relationship between Ms Richards and Mr Hunt eventually soured. The break down in the relationship was such that Ms Richards ultimately refused to pick up parcels from Mr Hunt who was a frequent user of her courier service.

[7]                 On 30 October 2018, Mr Hunt was served a trespass notice by the Police warning him to stay off the addresses at 4A, 4B and 4C Outram Street, Ahuriri, Napier for a period of 2 years. He was also warned to stay away from Ms Richards as she felt frightened and intimidated by his behaviour.

[8]                 At about 7:30 a.m. on Thursday…