J v Police HC Whangarei Cri-2005-488-38

[2005] NZHC 356

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI-2005-488-000038

J

Appellant

v

THE NEW ZEALAND POLICE

Respondent

Hearing:         8 December 2005

Appearances: Mr R Bowden for appellant

Mr K Thomas for Crown

Judgment:      8 December 2005

(ORAL) JUDGMENT OF LANG J

[on appeals against conviction and sentence]

Solicitors:

Mr R Bowden, P O Box 1182, Whangarei

Crown Solicitor, Whangarei

J  V THE NEW ZEALAND POLICE HC WHA CRI-2005-488-000038  8 December 2005

[1]      This afternoon I was due to commence hearing appeals against conviction and sentence by Mr   J      .    Yesterday, however, I received a memorandum from Mr Bowden confirming that the appeal against conviction is not to be pursued. It is accordingly dismissed.

[2]      The only ground upon which the appeal against sentence was advanced was to the extent that it related to an order for reparation that was made in the District Court.   That order was made in respect of damage to a motor vehicle incurred as a result of an accident in which Mr J       was involved.

[3]      I have now been advised that the motor vehicle in question was subject to a “knock for knock” agreement between Mr J      ’s insurance company and the insurance company of the owner of the vehicle.    This means that Mr J      ’s insurance company will need to meet the whole of the repair costs.    This fact was not known to the learned District Court Judge who made the order requiring Mr J       to pay reparation.

[4]      In the circumstances the order for reparation cannot stand because it would result in a double payment being made in respect of the repairs.   The appeal against sentence is therefore allowed to the extent that it relates to the reparation order.   The reparation order is quashed but the sentence imposed in the District Court is to stand in all other respects.

Lang J