Pont-Briggs v Police

[2013] NZHC 241

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

CRI-2012-442-23 [2013] NZHC 241

ZHONELLE PONT-BRIGGS

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         18 February 2013

Counsel:         H W Riddoch for Appellant

L McGuinniety for Respondent

Judgment:      18 February 2013

JUDGMENT OF MILLER J

[1]      The  appellant  was  convicted  of  stealing  $260.00  from  the  glove  box  or ashtray of a car.  The complainant in the matter identified her going into the car and in an interview with the police the appellant denied being at the scene at all.  She offered an alibi.  She brings this appeal on the basis now of counsel error.

[2]      In the ordinary way I would adjourn the appeal at this point for affidavit evidence from counsel.   I do have the benefit of a letter he has  written which suggests that in certain respects the account which the appellant has given in her affidavit is wrong.   However, as Mr Riddoch says it may not matter in this case because on the face of it the appellant’s case was never put in the District Court. There was no cross-examination of the complainant at all as to her identification –

whether it was false or mistaken.  Her evidence did establish that she herself had not

PONT-BRIGGS v N Z POLICE HC NEL CRI-2012-442-23 [18 February 2013]

seen the money put into the car in the first place, but her partner who did put it there was not cross-examined about that point either.

[3]      In the circumstances there is I think sufficient to satisfy me that there has been a miscarriage of justice.  The appropriate course then is to allow the appeal and remit the case to the District Court for rehearing.

Miller J

Solicitors:

Crown Solicitor’s Office, Nelson for Respondent