Robin v Police HC Gisborne CRI-2011-416-023

[2011] NZHC 929

IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY

CRI-2011-416-023

BETWEEN  JASON KARAURIA ROBIN Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         3 August 2011

Counsel:         A M Simperingham for Appellant

C R Walker for Respondent

Judgment:      3 August 2011

ORALJUDGMENT OF THE HON JUSTICE KÓS (Appeal against conviction)

[1]      Mr Robin was charged with being in a yard without reasonable excuse, an offence under s 29 of the Summary Offences Act 1981.  He was found guilty and sentenced to one month in prison.  He appeals his conviction.

[2]      Mr Robin was accosted by the occupant of the premises.  He told her that he was running away from his father, who was “trying to beat [him] up”.  He was 20 years of age at the time of these events.  She gave evidence as to that statement in Court.  Mr Robin also told the police officer interviewing him the same thing.  And that interview was played in evidence before the trial Judge.

[3]      There are two express and distinct defences to s 29.  First, that the accused has reasonable excuse for being present.  Secondly, that the accused had no intention to commit any other offence.[1]   The defence made clear at trial that it advanced both

defences.

ROBIN v NEW ZEALAND POLICE HC GIS CRI-2011-416-023 3 August 2011

[1] That is, other than the offence of being in the yard without reasonable excuse.

[4]      Unfortunately the judgment addresses only (and discounts) the first defence. The judgment is silent on the second.

[5]      Sensibly in the circumstances the Crown accepts the conviction is unsafe and should be set aside.

[6]      As a result the conviction is quashed and the matter is remitted to the District

Court for rehearing accordance with s 131 of the Summary Proceedings Act 1957.

Stephen Kós J

Solicitors:

Woodward Chrisp, Gisborne for Appellant

Crown Solicitor’s Office, Napier for Respondent