IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2011-404-449 [2012] NZHC 1231
SHANNON LAING PARKER
Appellant
v
NEW ZEALAND POLICE
Respondent
Hearing: 29 May 2012
Appearances: G Newell for the appellant
A Longdill and S Beswick for the respondent
Judgment: 1 June 2012
JUDGMENT OF CLIFFORD J
Introduction
[1] On 7 February 2011 the appellant, Shannon Laing Parker, was arrested and charged with burglary. Ms Parker pleaded not guilty. Her trial took place in the summary jurisdiction before District Court Judge McNaughton at North Shore District Court on 8 and 10 August and 16 September 2011. On 20 October 2011
Judge McNaughton delivered a reserved decision convicting Ms Parker on the single charge of burglary. On 8 December 2011 Ms Parker was sentenced to a term of imprisonment of two years.
[2] Ms Parker now appeals her conviction and sentence.
PARKER v POLICE HC AK CRI-2011-404-449 [1 June 2012]
Facts
[3] On the evening of 6 February 2011 security guards working in the Omaha area located a male, Mr Julian Lemmon, hiding in bushes outside 14 The Southern Isle. As I understand it, Mr Lemmon acknowledged to the security guards that he was there to act as a lookout whilst another person, Ms Parker, burgled the property. Ms Parker was arrested at approximately 4.35am the next morning. At her trial, Mr Lemmon was a principal witness. Evidence was also given by some 14 other witnesses. In essence, the Judge accepted Mr Lemmon’s evidence and did not accept that of Ms Parker or a person she called in her defence, Ms Dyson.
[4] Something of the view the Judge took of Ms Parker can be taken from his sentencing notes. Having noted that she continued to blame “the witless Mr Lemmon” he went on to comment:[1]
As I said in that decision, the detailed and elaborate construction of your totally perjured defence was nothing short of brilliant. I have no doubt that you were the architect of that defence, and you co-opted your witness Ms Dyson also to commit perjury to support that defence.[2] You are obviously very intelligent, determined and thoroughly devious and, in my assessment, quite a dangerous person.
[1] Police v Parker DC North Shore CRI-2011-044-000724, 8 December 2011 at [1].
[2] Although the position was not absolutely clear, I understand that Ms Parker may at one point have faced a charge of perverting the course of justice relating to events in 2009 when she
pleaded guilty to burgling a property in connection with a dispute she had with a Sergeant
Haughey. It is simply not possible or helpful – given the very limited information provided to me, to consider or speculate further on the significance of those matters. Clearly they are an issue for Ms Parker and, moreover, the way Mr Utting handled the cross-examination of Sergeant Haughey is also an issue for her. As I said, however, I put those matters to one side as I am not in a position to do anything else.
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- Case
- [2012] NZHC 1231
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