IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2020-419-67
[2020] NZHC 2217
BETWEEN JOSEPH MILLS
Appellant
AND
NEW ZEALAND POLICE
Respondent
Virtual hearing: 28 August 2020 Appearances:
L K McMaster for the appellant A S C Alcock for the respondent
Date of judgment:
28 August 2020
REASONS FOR JUDGMENT OF JAGOSE J
The reasons for judgment was delivered by me on 28 August 2020 at 2.00pm.
…………………………. Registrar/Deputy Registrar
Solicitors:
Public Defence Service, Hamilton
Hamilton Legal, Crown Solicitor, Hamilton
MILLS v NEW ZEALAND POLICE [2020] NZHC 2217 [28 August 2020]
[1] Joseph Mills appeals against the judgment of Judge RLB Spear in the District Court at Hamilton on 20 July 20201, convicting him of money laundering.2
[2] At the conclusion of this virtual hearing, as an alternative to my oral judgment then, I offered to give the result then, with reasons to follow in writing. Counsel were content with the latter course. I dismissed the appeal. These are my reasons.
Background
[3] On 3 December 2018, $3,534 was transferred from the complainant’s bank account to a bank account said to be held by Mr Mills. Later that day, $3,500 was withdrawn from Mr Mills’ bank account. On enquiry by the police under caution, Mr Mills explained a friend had asked to use his bank account to transfer money into, and to use his bank card to withdraw the transferred money from, the account. Mr Mills agreed, and supplied his account details and card to his friend.
Judgment under appeal
[4] The Judge heard evidence from the complainant and a police officer. The complainant established the unlawful transfer of money from her account to another.3 The police officer established the other account was held in Mr Mills’ name.4 The officer’s enquiry of Mr Mills was not formally recorded, but his evidence was drawn from photocopies of his contemporaneous notes (his notebook no longer being available).5 The Judge found Mr Mills’ response to be “cogent” and “credible” evidence of the unlawfully-obtained money’s transfers,6 and Mr Mills’ provision to another of access to his bank account and card carried sufficient risk that other person “may use such access for dishonest purposes” to render Mr Mills reckless as to the money’s lawful source,7 thus establishing his guilt beyond a reasonable doubt.8
1 Police v Mills [2020] NZDC 14557.
2 Crimes Act 1961, s 243(2).
3 Police v Mills, above n 1, at [3]–[4].
4 At [5].
5 At [6]–[7].
6 At [18]–[19].
7 At [24].
8 At [25].
[5] Mr Mills’ counsel, Laurie McMaster – while accepting the transfer of money from the complainant’s account was of the proceeds of an offence – argues the Judge erred in fact in concluding Mr Mills’ guilt, absent evidence linking him to the transfer of funds from the complainant’s account, or linking his friend to the money transferred from that account. She also argues the Judge erred in law in concluding Mr Mills was reckless because of…
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- [2020] NZHC 2217
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