Kronfield v Police

Case [2018] NZHC 66


ORDER PROHIBITING PUBLICATION OF NAME AND IDENTIFYING PARTICULARS OF COMPLAINANT

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CRI-2017-412-28

[2018] NZHC 66

BETWEEN

MARGARET DENISE KRONFELD

Appellant

AND

NEW ZEALAND POLICE

Respondent

Date of hearing: 7 November 2017, AVL hearing 14 December 2017

Appearances:

A G Speed and E M Gresson for Appellant R P Bates and R Smith for Respondent

Judgment:

7 February 2018


JUDGMENT OF NICHOLAS DAVIDSON J (APPEAL AGAINST CONVICTIONS)


A.INTRODUCTION

[1]    This appeal is allowed in respect of one of four convictions entered in the District Court, but is otherwise dismissed. This Court had the advantage of argument which was not put before the District Court Judge.

[2]    Ms Kronfeld appeals against her convictions on one charge of criminal harassment by sending email messages to the complainant, “[Mrs X]”, and three charges of  intentionally  accessing  a  computer  system  without  authorisation.1  She earlier pleaded guilty to charges of sending fictitious messages, and making phone calls but not speaking when the phone was answered.


1      Police v Kronfeld [2017] NZDC 6769.

KRONFELD v NEW ZEALAND POLICE [2018] NZHC 66 [7 February 2018]

[3]    She appeals against all four convictions, and concurrent sentences of 120 hours community work imposed in the District Court at Dunedin on those charges and other charges to which she pleaded guilty.2 The appeal against sentence stands adjourned pending this judgment.

[4]    The setting for the prosecution is a personal relationship between the appellant and [Mrs X]’s husband, [Mr X], over several years, after they met as business colleagues. The relationship soured and the charges stem from the appellant’s conduct after that time.

[5]Charges were laid as follows:

Charge No CRN Date of offence Offence Description Legislative Reference

1

Guilty plea

15004006584

Between the 18th day of January 2015 and the 9th

day of March 2015

Used a telephone device for the purpose of annoying by calling up without speech with the

intention of offending the recipient [Mrs X]

Section         112(2)(a) Telecommunications Act 2001

2

Withdrawn

15004006585 Between the 26th day of February 2015 and the 5th day of April 2015

Used a telephone device for the purpose of annoying by [Mrs X] by creating 6 fake email accounts with google and using these false identities to send the victim 25 emails with the intention of annoying the

recipient [Mrs X]

Section         112(2)(a) Telecommunications Act 2001

3

Withdrawn

15004006586

Between the 29th day of March 2015 and the 31st day of March

2015

In using a telephone device sent

9 emails using indecent language with the intention of offending the recipient [Mrs X]

Section             112(1) Telecommunications Act 2001

4

Guilty plea

15004006587 Between the 27th day of February 2015 and the 5th day of April 2015

In using a telecommunications device knowingly sent fictitious messages namely using 3 false identities to send 9 fictitious

emails

Section         112(2)(b) Telecommunications Act 2001

5

Found Guilty

15004006588 On the 5th day of April 2015

Harassed [Mrs X]…

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Kronfield v Police [2018] NZHC 66
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[2018] NZHC 66
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CaseChat Overview and Summary

Margaret Denise Kronfeld appeals against four convictions in the District Court, but the appeal against one of the convictions is allowed. The appeal against sentence is adjourned pending this judgment. The appeal against conviction for criminal harassment is allowed because of a technicality, while the appeal against conviction for unauthorised access of a computer system is dismissed. The appellant was convicted on one charge of criminal harassment and three charges of unauthorised access of a computer system. The appeal against the conviction for criminal harassment was allowed because of double jeopardy issues. The appeal against the conviction for unauthorised access of a computer system was dismissed as the appellant did not have authority to access the computer systems in question. The appeal against conviction for criminal harassment was allowed because only one email of 5 April 2015 survived the challenge that they were also facts of the charge admitted, or the charges withdrawn. The appeal against conviction for unauthorised access of a computer system was dismissed as the appellant did not have authority to access the computer systems in question.

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