Moore v Police

[2014] NZHC 2301

IN THE HIGH COURT OF NEW ZEALAND

AUCKLAND REGISTRY

CRI-2014-404-000236

[2014] NZHC 2301

BETWEEN

DAVID HOANI MOORE

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:	19 September 2014
Appearances:	Appearance by Z Mohamed was excused A R Longdill for Respondent
Judgment:	19 September 2014

JUDGMENT OF WOOLFORD J

Solicitors:Meredith Connell, Barristers and Solicitors, Auckland Z Mohamed, Solicitor, Auckland

DAVID HOANI MOORE v NEW ZEALAND POLICE [2014] NZHC 2301 [19 September 2014]

[1]        On 17 July 2014, after a defended hearing in the North Shore District Court, Mr Moore was convicted of driving a motor vehicle on a road, namely College Road, while the proportion of alcohol in his breath exceeded 400 micrograms of alcohol per litre of breath, in that it was 841 micrograms of alcohol per litre of breath.

[2]        Having been convicted, he was fined $900 with Court costs of $130 and disqualified from holding or obtaining a driver’s licence for seven months, commencing on 17 July 2014. He now appeals against conviction. One of the grounds of appeal is that the judge erred as to the facts and law as to entry and process on private property.

[3]        Unfortunately, the only information received from the District Court was a copy of the charging document,  a caption summary  and the  previous history  of  Mr Moore. We are advised by the District Court that the transcription of both the hearing itself and the Judge’s reasons cannot be completed as nothing can be heard.

[4]        In those circumstances, this Court has no option but to allow the appeal on the basis that there is no transcript of the notes of evidence or reasons given for finding the charge proven.

[5]        Accordingly, the appeal is allowed and it is remitted to the District Court for re-hearing.

Woolford J