Jeffries v Police

[2014] NZHC 2379

ORDER PROHIBITING PUBLICATION OF THE STREET ADDRESS OF THE APPELLANT'S HOME PURSUANT TO S 200 CRIMINAL PROCEDURE ACT 2011.

INTERIM ORDER CONTINUING TO SUPPRESS APPELLANT'S NAME UNTIL 4.00 PM ON 2 OCTOBER 2014 OR UNTIL FURTHER ORDER OF THE HIGH COURT OR THE COURT OF APPEAL.

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI- 2014-485-000076 [2014] NZHC 2379

BETWEEN

KEITH IAN JEFFERIES

Appellant

AND

NEW ZEALAND POLICE First Respondent

FAIRFAX NEW ZEALAND LIMITED Second Respondent

Hearing:	30 September 2014
Counsel:	C J Tennet for Appellant J M O'Sullivan for First Respondent A M Stevens for Second Respondent
Judgment:	30 September 2014

JUDGMENT OF COLLINS J [Name Suppression]

Introduction

[1]      I am dismissing Mr Jefferies’ appeal from a decision of the District Court in

which Judge Cameron refused to grant orders suppressing Mr Jefferies name.1

[2]      I  am  confirming  Judge  Cameron’s  decision  because  in  my  assessment

Judge Cameron was correct in all material respects.   Specifically, Judge Cameron

1      R v Jefferies DC Wellington CRI-2014-085-8995, 22 September 2014.

JEFFERIES v NEW ZEALAND POLICE [2014] NZHC 2379 [30 September 2014]

applied the correct principles, only took into account relevant matters, did not overlook any relevant matters and was plainly correct.2

[3]      I am, however, making an order suppressing publication of the street address of Mr Jefferies’ home.

Background

[4]      Mr Jefferies is a Wellington lawyer, who practises primarily as a criminal trial lawyer in partnership with Mr Raizis under the name “Jefferies & Raizis”.   Their partnership was established in 1990.

[5]      On 30 July 2014 Mr Jefferies was charged with four offences under the

Misuse of Drugs Act 1975:

(1)       possession of a Class A controlled drug (LSD);3

(2)       possession of a Class A controlled drug (methamphetamine);4

(3)       possession of a Class B controlled drug (ecstasy);5 and

(4)       possession of tools used for smoking methamphetamine.6

[6]      Mr Jefferies was arrested following the termination of a police operation in which Mr Jefferies’ home, car and business premises were searched.   During the search of those premises the police say they located, amongst other matters, the

following items:

2      B (CA860/10) v R [2011] NZCA 331 at [9]; Lawrence v R [2011] NZCA 272 at [11]; and Rowley v Commissioner of Inland Revenue [2011] NZCA 160, [2011] NZSC 6 at [5].

3      Misuse of Drugs Act 1975, s 7(1)(a) and (2)(a).  Maximum penalty is six months’ imprisonment,

$1,000 fine.

4      Misuse of Drugs Act 1975, s 7(1)(a) and (2)(a).  Maximum penalty is six months’ imprisonment,

$1,000 fine.

5      Misuse  of  Drugs  Act  1975,  s  7(1)(a)  and  (2)(b).    Maximum  penalty  is  three  months’

imprisonment, $500 fine.

6      Misuse of Drugs Act 1975, s 13(1)(a) and (3).   Maximum penalty is one year imprisonment,

$500 fine.

(1)      In Mr Jefferies’ home in a bedroom:

a plastic snaplock bag containing rolled pieces of tinfoil with tabs of LSD;

a snaplock bag with 0.25 grams of methamphetamine;

an empty “joint bag”;

five ecstasy tablets; and

a methamphetamine pipe.

(2)       In Mr Jefferies’ car:

a methamphetamine pipe.

(3)       In…