Rochford v Police

[2022] NZHC 157

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2021-404-000559

[2022] NZHC 157

BETWEEN

JASON PETER ROCHFORD

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:	11 February 2022
Counsel:	LR Toepfer on instruction for DJ Dufty for Appellant No appearance for Respondent
Judgment:	11 February 2022

ORAL JUDGMENT OF DOWNS J

Solicitors/Counsel: Crown Law, Wellington. DJ Dufty, Auckland.

LR Toepfer, Auckland.

ROCHFORD v POLICE [2022] NZHC 157 [11 February 2022]

[1]    On 18 June 2020, Mr Rochford was charged with an offence against s 11 of the Aviation Crimes Act 1972. He pleaded guilty to the charge and was sentenced to a term of home detention.

[2]    The Attorney-General’s consent is required before a prosecution of this nature may be commenced. That consent was not obtained. It is common ground this error means there was no jurisdiction to proceed with the charge. There has therefore been a miscarriage of justice. It is also possible the conviction was a nullity.

[3]I therefore quash the conviction and allow the appeal.

……………………………..

Downs J