M v Police HC Christchurch Cri-2009-409-86

[2009] NZHC 2056

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2009-409-000086

M

v

POLICE

Hearing:         Dealt with on the papers

Counsel:         A J Bailey for Appellant

K Basire for Respondent

Judgment:      4 November 2009

JUDGMENT OF HON. JUSTICE FRENCH

[1]      Mr  M    was  convicted  of  driving  with  excess  blood  alcohol.    His sentence included an order to pay medical expenses of $156.45.  He filed an appeal against that order.

[2]      The issue raised by his appeal has now been resolved by the Supreme Court decision in Barr v Police [2009] NZSC 109.

[3]      The effect of the Supreme Court decision in this case is that the medical expenses payable by Mr M   should be reduced by $63.45, leaving the correct

amount payable to be $93.00.

M V POLICE HC CHCH CRI-2009-409-000086  4 November 2009

[4]      The appeal is accordingly allowed, and the order for payment of medical expenses of $156.45 set aside, and replaced with an order to pay medical expenses in the sum of $93.00.

Solicitors:

A J Bailey, Christchurch

Crown Solicitor, Christchurch