| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA474/2014 [2015] NZCA 167 |
| BETWEEN | DEAN RIMINE |
| AND | THE QUEEN |
| Hearing: | 22 April 2015 |
Court: | Wild, Clifford and Dobson JJ |
Counsel: | C J Tennet for appellant |
Judgment: | 13 May 2015 at 3.30 pm |
JUDGMENT OF THE COURT
The appeal against forfeiture is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Clifford J)
Introduction
At about 10.30 pm on 26 November 2009 the appellant, Dean Rimine, was driving a motor vehicle that was stopped at a police checkpoint. Following a search of Mr Rimine’s vehicle, cash of approximately $39,010 was found, together with a large quantity of empty point bags and five sets of electronic scales. When Mr Rimine was searched personally at the police station, the police found a total of 18 grams of methamphetamine, a glass pipe used for smoking methamphetamine and a further $639.20 in cash.
Mr Rimine challenged the admissibility of that evidence. The District Court ruled the search and seizure lawful and the evidence thereby obtained admissible.[1] On appeal, this Court found the initial decision to search Mr Rimine’s vehicle was unlawful. However, applying the test in s 30 of the Evidence Act 2006, it ruled exclusion would be disproportionate to that impropriety.[2] We return to the reasons for this at [33]–[39].
[1]R v Rimine DC Wellington CRI-2009-032-4901, 21 July 2010.
In June 2011 Mr Rimine pleaded guilty to one charge of supplying methamphetamine and one charge of possessing methamphetamine for supply. He was sentenced in October 2011 to three years and eight months’ imprisonment.[3] Mr Rimine has completed that sentence.
[3]R v Rimine DC Wellington CRI-2009-032-4901, 28 October 2011.
By the time Mr Rimine was convicted and sentenced, the police had made an application for the forfeiture of the cash found on 26 November 2009. That application was not heard until July 2014. On 5 August 2014 Judge Hobbs ordered forfeiture of that cash.[4] Mr Rimine now appeals that forfeiture order.
Facts
[4]Police v Rimine DC Wellington CRI-2009-032-4901, 5 August 2014.
On 17 November 2009 a Mr Alan Hill lent Mr Rimine $50,000 in cash, made up of $100 notes. Mr Hill is now deceased. The Crown accepts Mr Hill lent that money for what he thought were legitimate purposes.
Of the money found in Mr Rimine’s vehicle when he was arrested some two weeks later, $14,800 was made up of $100 notes. The balance comprised $50, $20 and $10 notes.
In February 2010 the late Mr Greg King wrote to the police on behalf of Mr Hill, asserting a claim of ownership to the money found in Mr Rimine’s car. The police subsequently confirmed Mr Hill’s account that he had cashed in Bonus Bonds to generate the $50,000 in cash he had paid to Mr Rimine. At the forfeiture hearing before Judge Hobbs, the police accepted that, at the time of Mr Rimine’s arrest on 26 November, the…
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- Rimine v The Queen [2015] NZCA 167
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- [2015] NZCA 167
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Evidence
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