P v Police HC Christchurch CRI 2008-409-209

[2009] NZHC 1497

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI 2008-409-000209

P

Appellant

v

POLICE

Respondent

Hearing:         19 February 2009

Counsel:         Appellant in person

R Thomas and S Jamieson for Respondent

Judgment:      19 February 2009

JUDGMENT OF FOGARTY J

[1]      This  is  an  appeal  against  that  part  of  the  judgment  of  Judge  Saunders whereby the car driven by the appellant is confiscated pursuant to s 129 of the Sentencing Act 2002.

[2]      The ground of appeal is that the car belongs to the appellant’s grandfather.  I

have heard the grandfather today.

[3]      Mr  P    you  did  the  right  thing  in  bringing  your  grandfather  and

Ms Long here this morning.  I am going to take a neutral position and decide that the

P V POLICE HC CHCH CRI 2008-409-000209  19 February 2009

Crown has not proved that it is your car and therefore the car is not confiscated and I

allow the appeal in that regard.

Solicitors:

Raymond Donnelly & Co, Christchurch, for Respondent cc:  Mr K P