Maddock v Police

[2012] NZHC 1691

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2012-404-168 [2012] NZHC 1691

BETWEEN  JAMES LEIGH MADDOCK Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         13 July 2012

Counsel:         Appellant in person

KA Lummis for Respondent

Judgment:      13 July 2012

JUDGMENT OF BREWER J

SOLICITORS

Meredith Connell (Auckland) for Respondent

(Copy to Appellant in person)

MADDOCK V POLICE HC AK CRI-2012-404-168 [13 July 2012]

[1]      This is the first call of this matter.  Mr Maddock appears to represent himself.

[2]      According to what I can make out of the record, Mr Maddock originally pleaded not guilty to two charges of trespass and one charge of assault.  There were apparently changes of plea at a time when Mr Maddock was represented by counsel. Subsequently there was a sentencing in the District Court.   I understand that a sentence of nine months’ supervision was imposed.

[3]      There  are  all  sorts  of  issues  swirling  around  as  to  mental  health  and otherwise.  However, the main problem that this Court has in considering the appeal is that the District Court has lost all records of the proceeding.   The note on the appeals preparation checklist is that the sentencing notes of Her Honour Judge Fraser are not available because of “audio error”.

[4]      I have no basis for considering the appeal and under the circumstances it seems to me that Mr Maddock should again appear in the District Court and have the matter looked at afresh.   Accordingly, I allow the appeal and remit Mr Maddock

back to the District Court for a rehearing of the charges.

Brewer J