R v Police HC Tauranga CRI 2008-470-23

[2008] NZHC 1382

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CRI 2008-470-23

BETWEEN  R

Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         4 September 2008

Counsel:         P G Mabey QC for Appellant

R G Ronayne for Respondent

Judgment:      4 September 2008

(ORAL) JUDGMENT OF HEATH J

Solicitor:

Crown Solicitor, Tauranga
Counsel:

P G Mabey QC, Tauranga

R V NEW ZEALAND POLICE HC TAU CRI 2008-470-23  4 September 2008

[1]      Mr R   appeals against a decision of the District Court at Tauranga given on

25 July 2008, in which the Court declined his application for a discharge without conviction on nine charges of forgery.

[2]      I have  heard  argument  this  morning on  the  appeal.    I have  reached  the conclusion that the appeal should be allowed.

[3]      The appeal is allowed.  The conviction and fines entered in the District Court are set aside.  In lieu thereof, I make the following orders:

a)       Mr R   is discharged without conviction on each of the nine charges of forgery brought against him.

b)Under s 106(3)(a) of the Sentencing Act 2002, Mr R   shall pay to the Crown the sum of $7500, as a contribution towards the costs of the investigation and Police prosecution.

c)       Under s 106(3)(b), Mr R   shall pay the sum of $7500 to Rowing New   Zealand   as   compensation   for   moneys   out-laid   by   that organisation in investigating the irregularities in issue.

That makes a total payment of $15,000 under those two provisions.  The orders for costs and compensation shall be recorded against CRN 536.   On the remaining charges discharges will be entered.

[4]      Reasons for this decision will be given in writing as soon as practicable.

P R Heath J