S v Police HC Invercargill Cri-2010-425-10

[2010] NZHC 1091

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CRI-2010-425-000010

S

v

POLICE

Hearing:         28 June 2010

Appearances: Appellant in person

M G Sinclair for Crown

Judgment:      28 June 2010

ORAL JUDGMENT OF HON. JUSTICE FRENCH

[1]      Mr S   has filed an appeal against a decision of two Justices of the Peace who found charges of driving an unwarranted motor vehicle or failing to display a current Warrant of Fitness proven.

[2]      The findings followed a hearing at which Mr S   did not appear.  There was, however, no formal proof provided, and  in those circumstances  the police accept that the decisions cannot stand.  Mr S   had always indicated he wanted to defend the charges.

[3]      There are some 17 charges involved.  I am satisfied the appropriate course of action is for there to be a rehearing in the District Court.

S V POLICE HC INV CRI-2010-425-000010  28 June 2010

[4]      The decisions and sentences of the Justices of the Peace are accordingly quashed, and the matter remitted back to the District Court for rehearing.

Solicitors:

Crown Solicitor’s Office, Invercargill

Copy to Appellant