Matches v Police

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2019-404-107

[2019] NZHC 3029

BETWEEN

BRENT MATCHES

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:

12 November 2019

Appearances:

Appellant on own behalf

K Lummis for the Respondent

Judgment:

20 November 2019

JUDGMENT OF GORDON J

This judgment was delivered by me on 20 November 2019 at 2.30 pm

Registrar/Deputy Registrar Date:

Solicitors:           Crown Solicitor, Auckland Copy To:  Appellant

MATCHES v POLICE [2019] NZHC 3029 [20 November 2019]

Introduction

[1]    The appellant, Brent Matches, was found guilty of one charge of stopping another person in a public place with intent to frighten him, pursuant to s 21(1)(e) of the Summary Offences Act 1981.1 He now appeals his conviction.

[2]Mr Matches represented himself in the District Court and in this Court.

The charges in the District Court

[3]I take the following summary from the decision of the District Court Judge.2

[4]    Mr Matches faced two charges arising out of events said to have occurred on separate dates on Federal Street, Auckland City, near the rear exit door of the Auckland District and Family Courts building. Those charges were that:

(a)On 19 February 2018, with intent to frighten Ian McHardy, he stopped him in a public place, namely Federal Street, Auckland City (Summary Offences Act 1981, s 21(1)(e)); and

(b)On 1 March 2018, he assaulted Timothy Druce  (Crimes Act 1961,     s 196).

[5]    Mr Matches denied both charges. In relation to the first charge he said that he did not stop Judge McHardy and, whilst accepting that he did speak to him and subsequently yell at him, he says he was criticising the Judge and protesting a decision made by him as a sitting Judge on an earlier occasion, but he had no intent to frighten him.

[6]    In relation to the second charge, Mr Matches denied  that  he  assaulted  Judge Druce, and said that, to the contrary, Judge Druce assaulted him, using his briefcase to push into him. He accepted that, whilst he then pushed Judge Druce back once, he was acting in self-defence.

1      The maximum penalty is three months’ imprisonment or a fine of up to $2,000: s 21(3).

2      Police v Matches [2018] NZDC 11315 [Decision on appeal] at [1]–[5].

The District Court decision

[7]    On 1 February 2019, Judge Rollo, in a reserved judgment, found Mr Matches guilty of the charge of intimidation of Judge McHardy and not guilty of assaulting Judge Druce.3

[8]    After addressing his connection with the two complainants (which I discuss later in this judgment), Judge Rollo then proceeded to review the evidence, including that of Judge Mc Hardy, Mr Matches and CCTV footage. That showed events after the incident itself, namely Mr Matches walking on to the nearby intersection and repeatedly yelling at someone further up Federal Street.4

[9]    Next, Judge Rollo identified the three elements that the prosecution must prove beyond reasonable doubt:5

(a)One person stops another;

(b)The stopping occurred in a public place;…