S v Police HC Auckland Cri-2008-409-21

[2008] NZHC 704

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2008-409-000021

S

v

POLICE

Hearing:         15 May 2008

Appearances: C Fletcher for Appellant

T MacKenzie for Crown

Judgment:      15 May 2008

ORAL JUDGMENT OF HON. JUSTICE FRENCH

[1]      This is an appeal against conviction and sentence.

[2]      The appellant, Mr S  , was convicted by Justices of the Peace of breaching a liquor ban, and fined $250 and court costs of $130.

[3]      The ground of his appeal is the Justices of the Peace refusal to grant him an adjournment to enable him to contact the Diversions Officer, the appellant having for various reasons been unable to contact that person since the previous appearance.

[4]      Mr  S    has  no  previous  convictions  and  would  have  been  a  suitable candidate for diversion.   It is accepted he did leave messages on the Diversion

Officer’s telephone, which were not returned.

S V POLICE HC CHCH CRI-2008-409-000021  15 May 2008

[5]      Counsel are agreed that the appropriate way of dealing with the matter would be for a discharge without conviction, payment of a proposed donation of $200 to the Salvation Army having been made.

[6]      I  agree  entirely.    On  that  basis  the  appeal  is  allowed.    Conviction  and sentence are quashed, and the appellant is discharged without conviction.

Solicitors:

Thompson & Morgan, Christchurch

Crown Solicitor, Christchurch