J v Police HC Christchurch Cri-2008-409-40

[2008] NZHC 695

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2008-409-000040

J

v

POLICE

Hearing:         15 May 2008

Appearances: Appellant in person

T MacKenzie for Crown

Judgment:      15 May 2008

ORAL JUDGMENT OF HON. JUSTICE FRENCH

[1]      This was an appeal against conviction and sentence, following a guilty plea. The appellant, Mr J  , was convicted on 1 February 2008 by Justices of the Peace on a charge of careless use, following an incident when he made a right turn into the path of an oncoming vehicle.

[2]      In filing the Notice of Appeal, Mr J   said that he did not understand the correct process to be followed when seeking diversion.  Both the letter he wrote to the Justices of the Peace at the time, and also the police file, confirm that this is indeed  correct  and  that  he  was  labouring  under  a  misunderstanding  which  has resulted  in  him  receiving  a  conviction  when  that  would  not  otherwise  have

happened.

J V POLICE HC CHCH CRI-2008-409-000040  15 May 2008

[3]      I am satisfied in terms of the principles  set  out  in  the Court  of  Appeal decisions of R v Le Page [2005] 2 NZLR 849 and R v Stretch [1982] 1 NZLR 225, that this is an appropriate case for an appeal to be allowed, notwithstanding the existence of a guilty plea.

[4]      I propose to deal with the matter on the basis that the conviction is quashed and replaced with a sentence of discharge without conviction, the fine and court costs to remain.

Solicitors:

Crown Solicitor, Christchurch

Copy to Appellant