Leijh v Auckland Council

[2014] NZHC 2726

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2014-404-000195 [2014] NZHC 2726

BETWEEN

JEMAHL LEIJH

Appellant

AND

AUCKLAND COUNCIL Respondent

Hearing:	3 November 2014
Appearances:	H Kim for Appellant V Tamatea for Respondent
Judgment:	3 November 2014

ORAL JUDGMENT OF VENNING J

Copy to:            Auckland Council

H Kim, Auckland

LEIJH v AUCKLAND COUNCIL [2014] NZHC 2726 [3 November 2014]

[1]      The appellant pleaded guilty to a charge of being an owner of a dog that rushed at a child.  On 31 March Judge G T Winter in the District Court at Papakura declined the appellant’s application for a discharge without conviction.  He entered the conviction and directed the appellant pay costs of $130 and a further sum of $300 by way of an emotional harm reparation payment to the child’s parents.

[2]      The appeal is advanced on the basis that the conviction would, in all the circumstances, be out of all proportion to the gravity of the offending.

[3]      The appeal is not opposed by the respondent, particularly in light of the further information now contained in an affidavit filed by the appellant in support of the appeal.  It is apparent that the conviction has caused and is continuing to cause difficulty for the appellant despite what might be regarded as the minor nature of the offence and conviction.

[4]      I am satisfied that the circumstances, both of the offence itself and the general offending in this case, are very much at the lower end of gravity.   In light of the information in the appellant’s affidavit there are direct consequences of a conviction which the appellant and his family are suffering from.   Those direct and indirect consequences are out of all proportion to the gravity of the offending.

[5]      The appeal is allowed.

[6]      The order for reparation and costs orders stand.  I note counsel’s advice that

the reparation has been paid.  I thank counsel for the attention they have given this matter.

Venning J