RICHARD LINCOLN AND NEW ZEALAND POLICE - [2024] NZHC 2760

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2024-409-155

CRI-2024-409-228 [2024] NZHC 2760

BETWEEN
RICHARD LINCOLN

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 18 September 2024

Appearances:

Appellant in person

R D Smith for Respondent

Judgment:

24 September 2024

JUDGMENT OF DUNNINGHAM J

This judgment was delivered by me on 24 September 2024 at 3 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar
Date……………

LINCOLN v NEW ZEALAND POLICE [2024] NZHC 2760 [24 September 2024]

Introduction

[1] Richard Lincoln seeks leave to appeal the decision of Judge Neave delivered on 1 May 20241 dismissing a charge of intimidation against Mr Lincoln, on the basis the judge refused “to dismiss the charge on grounds of insufficiency of evidence and abuse of process.”2

[2] Mr Lincoln also appeals a decision he says was made by the Judge on 16 May 2024 “constructively” refusing to make an order requiring further disclosure by the police.

[3] The respondent opposes both the appeal on the disclosure issue and the application for leave to appeal the decision dismissing the charge of intimidation.

Relevant background

[4] In order to place the current appeals in context, it is necessary to outline how the charge against Mr Lincoln arose and progressed through the District Court to when it was dismissed, and then the steps taken subsequently in pursuing a costs application.

The charge

[5] In July 2022, a charge of intimidation was laid against Mr Lincoln under s 21(1)(e) of the Summary Offences Act 1981 alleging he accosted the complainant, a female police officer, in a public place, being the Christchurch District Court, knowing his conduct was likely to intimidate her.

[6] The supporting summary of facts stated that on 21 February 2022, Mr Lincoln was the defendant in a separate police prosecution.3 At 12:47 pm, while video evidence was played, Mr Lincoln turned in his seat and stared at the female police constable for around eight seconds. He then made a gesture with his hand toward his ear, before turning back. Mr Lincoln was reprimanded by the Judge for this act.

1      Police v Lincoln [2024] NZDC 9525.
2      Being available grounds for dismissal of a charge under s 147 Criminal Procedure Act 2011.
3      Mr Lincoln was acquitted at this hearing.

[7] When the Court broke for lunch, Mr Lincoln stopped in the passageway between the Courtroom and lobby and told the constable “I’m coming after you” and “you’re going to pay”, with the exchange lasting around 20 seconds. He then stepped away before verbally abusing her again in the lobby.

[8] At 4:22 pm, Mr Lincoln followed the constable into the passageway. He entered the constable’s personal space and refused to get out of the way, again verbally abusing her. This lasted about 20 seconds. The constable left and Mr Lincoln followed her, before parting ways in the lobby.

[9] There was some criticism expressed by District Court judges during the case management…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: RICHARD LINCOLN AND NEW ZEALAND POLICE [2024] NZHC 2760
Case: [2024] NZHC 2760
Decision Date: 24 September 2024

CaseChat Overview and Summary

The High Court heard an appeal from Richard Lincoln against decisions made by Judge Neave. Mr Lincoln sought leave to appeal the decision to dismiss a charge of intimidation against him, and also appealed a decision he considered was a constructive refusal to order further disclosure by the police. The New Zealand Police opposed both appeals. The appeal against the dismissal of the intimidation charge was filed out of time but the Court granted leave to bring the application for leave out of time. The Court found that the appeal was not against a ruling of the Court but rather against the Judge’s reasoning, and declined leave to appeal. The Court also dismissed the appeal against the decision not to order further disclosure by the police, finding that the entitlement to disclosure ended when the criminal proceedings were at an end and that the application for disclosure was ancillary to the criminal proceedings.

The applications for leave to appeal are dismissed.

Orders