Parker v Police

[2015] NZHC 331

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CRI 2014-425-53 [2015] NZHC 331

BETWEEN

DAVID RICHARD PARKER

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:	2 March 2015
Counsel:	Appellant in Person M J Thomas for Respondent
Judgment:	3 March 2015

JUDGMENT OF BROWN J

[1]      On 11 December 2014 the appellant was found guilty of an offence against s 11(1)(a), Summary Offences Act 1981 that he intentionally damaged a window the property of the New Zealand Police.

[2]      When this matter was called Ms Thomas advised that, having given further consideration to the circumstances relating to the charge, she had a concern that the door of the prison cell should not have been capable of being broken in response to the  kicks  which  the  appellant  had  applied  to  it.    In  those  circumstances  she considered that, had the appellant been legally represented, greater attention would have been focused on the issue whether intention or recklessness could have been established in those circumstances.

[3]      Consequently, and very responsibly, Ms Thomas indicated that the Crown would not present opposition to the appeal.

PARKER v NZ POLICE [2015] NZHC 331 [3 March 2015]

[4]      In view of this development, Mr Parker’s appeal is allowed.  His conviction

on the charge of wilful damage is quashed and the fine, order for reparation and

Court costs, are all set aside.

Brown J

Solicitors:

Preston Russell Law, Invercargill