| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA5/2021 [2021] NZCA 472 |
| BETWEEN | LOUISE CHARLOTTE MEIJLER |
| AND | THE QUEEN |
| Hearing: | 1 September 2021 |
Court: | Kós P, Mander and Palmer JJ |
Counsel: | J Y Yi for Appellant |
Judgment: | 17 September 2021 at 9 am |
JUDGMENT OF THE COURT
AThe appeal against conviction and sentence is allowed.
BThe appellant’s conviction is set aside and her sentence quashed. An order is made discharging the appellant without conviction.
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REASONS OF THE COURT
(Given by Mander J)
Louise Meijler pleaded guilty to a representative charge of using forged documents and was sentenced to nine months’ supervision.[1] Ms Meijler’s application to be discharged without conviction was declined by Judge Sinclair in the District Court at Auckland,[2] and her appeal against that decision dismissed by Downs J in the High Court.[3] She was subsequently granted leave to appeal to this Court on the question of whether the High Court Judge erred in dismissing her appeal from the decision not to discharge her without conviction.[4]
Background
[1]Crimes Act 1961, s 257(1)(b); and Police v Meijler [2020] NZDC 27393.
[2]Police v Meijler [2020] NZDC 18214.
In July 2018, Ms Meijler’s doctor provided her with two prescriptions. These included a script for Zopiclone, which is a sleeping pill she was prescribed to control her anxiety and insomnia.[5] She photocopied the scripts and between 13 July and 1 August 2018 presented them to four different pharmacies in order to obtain more sleeping pills than her doctor had prescribed. On each occasion the medication was dispensed. However, a further attempt to use the forged prescription resulted in an alert being triggered and Ms Meijler’s subsequent arrest.
[5]The other prescription was for a topical antibiotic ointment for a skin condition called Bactroban.
At the time Ms Meijler entered her guilty plea, Judge Fitzgerald indicated he would discharge her without conviction if she completed a 10-week Community Alcohol and Drug Services (CADS) programme and did not commit any further offences. There was a considerable period of delay, which we will shortly review, but Ms Meijler did not complete the 10-week programme. As a result, when she next appeared before Judge Fitzgerald over a year later, perhaps unsurprisingly, he recorded that the sentence indication was “spent”.
Ms Meijler persevered with her application to be discharged without conviction when she appeared for sentence before Judge Sinclair. The Judge categorised the seriousness of the offending as moderate and, in the absence of Ms Meijler having any specific employment, she was not satisfied the consequences of conviction would be out of all proportion to the gravity of the offending.[6] On appeal to the High Court, Downs J recalibrated the seriousness of the offending as being low to moderate but did not consider the direct and indirect consequences of the conviction were out of all proportion to…
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- Meijler v The Queen [2021] NZCA 472
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- [2021] NZCA 472
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CaseChat Overview and Summary
The legal issues revolved around the assessment of the seriousness of the offending and the consequences of conviction for Meijler. The Court had to determine whether the consequences of conviction were out of all proportion to the gravity of the offending, which would warrant a discharge without conviction. The appeal court had to review the reasoning of the High Court in relation to the mitigating factors of Meijler's addiction and her efforts at rehabilitation, as well as the potential consequences of a conviction on her future employment prospects.
The Court of Appeal found that the High Court had erred in its assessment of the seriousness of Meijler's offending. The Court recognised Meijler's addiction to Zopiclone as a significant mitigating factor, which should have led to a lower assessment of the gravity of the offending. The Court found that Meijler had made substantial progress in overcoming her addiction and managing her dependency, which was not adequately reflected in the High Court's judgment. The Court also found that the consequences of a conviction for Meijler were significant, as the stigma of dishonesty could severely impact her future employment prospects, especially given her limited employment choices and lack of specific job plans. The Court concluded that the consequences of conviction were out of all proportion to the gravity of the offending, and therefore, Meijler should be discharged without conviction.
The Court of Appeal allowed the appeal against conviction and sentence, set aside Meijler's conviction, quashed her sentence, and ordered her discharge without conviction.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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