L v Police HC Wellington CRI-2007-485-133

[2008] NZHC 269

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI-2007-485-133

L

v

NEW ZEALAND POLICE

Hearing:         4 March 2008

Counsel:         B Crowley for appellant

C A Patterson for respondent

Judgment:      6 March 2008

JUDGMENT OF DOBSON J

[1]      The written submissions filed in advance of this appeal being called, and an affidavit of the appellant in support of his appeal, revealed that the appellant does not speak English fluently,  and does not read it at all.   He did not understand the requirement for him to attend at Court to contest the charge, and was unaware that he had been convicted until a friend interpreted for him the Notice of Conviction and Fine, in the course of dealing with household bills.

[2]      In those circumstances, the Crown did not oppose the appellant being granted a rehearing.   Although there was an issue about the more appropriate means by

which that could occur, given the steps that have been taken, I allowed the appeal,

L V NEW ZEALAND POLICE HC WN CRI-2007-485-133  6 March 2008

directed that the conviction was to be quashed, with the matter to be the subject of a

re-hearing in the District Court.

Dobson J

Solicitors:

Brett Crowley, Wellington for appellant

Luke Cunningham & Clere, Wellington for respondent