R v Sim

[2019] NZHC 475

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2018-009-011035

[2019] NZHC 475

THE QUEEN

v

RICHARD JOHN SIM

Hearing:

On the papers

Counsel:

C Boshier for the Crown

L L Heah for the Defendant

Judgment:

18 March 2019

JUDGMENT OF NATION J

[1]                   The defendant faces charges arising out of Operation Heaps, a Police investigation into the death of Shane Heappey. Five persons face charges as a result of Operation Heaps. Matthew Webber, Justin Burke and Leonie Cook have had their proceedings automatically transferred to the High Court. Another defendant, Randall Waho faces category three charges which have been transferred to the High Court. The defendant, Richard Sim, at present faces category three charges which are not automatically transferred to the High Court.

[2]                   If the charges are to be defended, the Crown will apply to join all five defendants for trial.

R v SIM [2019] NZHC 475 [18 March 2019]

[3]                   The Crown have sought transfer of the charges against Mr Sim to the High Court.

[4]                   Mr Sim’s counsel has advised the Crown and the High Court that there is no opposition to the application.

[5]                   In these circumstances, I make an order under s 70 Criminal Procedure Act 2011 that the defendant be tried in the High Court.

[6]                   The defendant is to appear in the High Court at 9.15 am on 22 March 2019. He is currently remanded in custody.

Solicitors:

Raymond Donnelly & Co., Christchurch L L Heah, Barrister, Christchurch District Court File