IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CRI 2014-485-53
CRI 2014-485-48
CRI 2014-485-46 [2014] NZHC 3203
BETWEEN JAYNE ELIZABETH ROUTHAN
Appellant
AND
POLICE Respondent
Hearing: 25 November 2014 Counsel:
M R Bott for Appellant
G A Kelly for RespondentJudgment:
15 December 2014
JUDGMENT OF THE HON JUSTICE KÓS (Appeals against conviction)
[1] On 20 May 2014 Ms Routhan pleaded guilty to three charges of trespass following a sentencing indication given by a District Court Judge. Consistent with the indication given the Judge entered a conviction and ordered Ms Routhan to come up for sentence if called upon within 12 months.1
[2] Ms Routhan now appeals against her conviction. She says her guilty pleas were unsafe because of counsel error. She says she was not informed of tenable defences before entering the guilty pleas. She submits her convictions should be quashed.
Background
[3] Ms Routhan gave evidence before me. She is intelligent and articulate. But she has suffered from mental health difficulties since the late 1990s. They were
1 Police v Routhan DC Wellington CRI-2013-085-4440, 20 May 2014.
worsened by a serious assault in 2002. She has undertaken a marathon battle with various agencies about her treatment and social services entitlements. A feature of it has been “guerrilla poetry”, written in chalk on city pavements under the pseudonym “JR Murphy, Poet”. There have also been songs, letters, phone calls and direct protest. The present convictions arise from that battle, and protest activity.
[4] Psychiatric reports before the District Court establish that Ms Routhan was neither insane nor unfit to stand trial. The reports eschew a formal diagnosis. However, her symptoms are similar to those of post traumatic stress disorder. Ms Routhan suffers from anxiety (opening mail sends her into a panic), anger problems (she had strong urges to assault the psychiatrists who assessed her and asked for security to be present to protect them), eating and other disorders.
Trespass law
[5] The Trespass Act 1980 (the Act) contains two essential trespass provisions. The first is s 3. It provides that a person commits an offence who trespasses on any place and, after being warned to leave that place by an occupier of the place, neglects or refuses to do so. It is a “single event” provision. The warning must be given by
an “occupier”. As Tipping J said in Wilcox v The Police.2
There are three elements to the offence created by s 3(1) of the Act. Each element must of course be proved beyond reasonable doubt by the prosecutor before a conviction can be entered. First, it must be proved that the person charged was trespassing on the relevant place; secondly, that the person charged was warned to leave the place by an occupier; and thirdly that he or she neglected or refused to do so.
[6] Section 4 is somewhat different. It is a “two event” provision. It provides, first, for a warning to stay off a place where a person is trespassing, has trespassed,…
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- Routhan v Police [2014] NZHC 3203
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- [2014] NZHC 3203
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