Jones v Police

[2022] NZHC 2300

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2022-404-000119

[2022] NZHC 2300

BETWEEN

SHARYN MARGARET JONES

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:

On the papers

Counsel:

PB Borich KC for Appellant

RD Butler and MA Beattie for Respondent

Judgment:

9 September 2022

JUDGMENT OF DOWNS J

This judgment was delivered by me on Friday, 9 September 2022 at 1 pm.

Registrar/Deputy Registrar

Solicitors/Counsel:

Crown Solicitor, Manukau. PB Borich KC, Auckland. RD Butler, Auckland.

MA Beattie, Auckland.

JONES v POLICE [2022] NZHC 2300 [9 September 2022]

[1]        Sharyn Jones was convicted of four charges of theft by a person in a special relationship. She appeals conviction.

[2]        The respondent offers a concession the appeal should be allowed. It acknowledges  trial counsel  did  not take a brief  (or statement) of evidence from  Ms Jones or provide detailed advice as to whether Ms Jones should testify. The respondent acknowledges the latter is a “fundamental” decision, in relation to which a failure “will generally give rise to a miscarriage” of justice.1

[3]        The concession is responsible. Trial counsel acknowledges her failings. And, Ms Jones had no earlier experience of the criminal justice system. No question of the proviso arises. Ms Jones has suffered a miscarriage of justice through counsel error.

Result

[4]The appeal is allowed. The convictions are quashed. A re-trial is ordered.

……………………………..

Downs J

1      Hall v R [2015] NZCA 403, [2018] 2 NZLR 26 at [65].