Meek v Police HC Wellington CRI-2011-409-10

[2011] NZHC 2015

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI-2011-409-10

STUART JAMES MEEK

v

NEW ZEALAND POLICE

Hearing:         On papers

Counsel:         S J Meek (in person)

A J Ewing for Respondent

Judgment:      16 December 2011

JUDGMENT OF WILLIAMS J

In accordance with r 11.5, I direct the Registrar to endorse this judgment with the delivery time of 10:30am on the 16th December 2011.

STUART JAMES MEEK V NEW ZEALAND POLICE HC WN CRI-2011-409-10 16 December 2011

[1]      Mr  Meek  pleaded  guilty  to  dishonestly  using  a  document  to  obtain  a pecuniary advantage, after an amateurish and ultimately hopeless attempt to fraudulently   obtain   a   mortgage   from   Kiwibank.      On   21   December   2010, Judge Somerville refused to discharge Mr Meek without conviction, and ordered Mr Meek to come up if called upon within 12 months.

[2]      Mr Meek appeals that sentence.  He came before me at a hearing on 31 May

2011.  As recorded in my minute of that date, I was particularly concerned about the effect of a conviction on Mr Meek’s mental health.  Mr Meek was suffering from depression and anxiety and, in the week prior to that hearing, this resulted in suicidal ideation.  I adjourned the appeal so that Mr Meek could obtain assistance and could prove to me that he did not pose a risk of reoffending.

[3]      Mr Meek has not been in any trouble since.  Accordingly, and for the reasons earlier given, I allow the appeal on the basis that the consequences of a conviction, and in particular the consequences for Mr Meek’s mental health, are out of all proportion to the gravity of the offending.

[4]      Mr Meek is discharged without conviction.

Williams J