IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2016-404-000269 [2016] NZHC 2952
BETWEEN MANISH KUMAR SINGH
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 5 December 2016 Counsel:
P H H Tomlinson for Appellant
A L McConachy for RespondentJudgment:
7 December 2016
JUDGMENT OF DOWNS J
This judgment was delivered by me on Wednesday, 7 December 2016 at 3 pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors/Counsel:
P H H Tomlinson, Auckland.
Meredith Connell, Auckland.
SINGH v POLICE [2016] NZHC 2952 [7 December 2016]
The issue
[1] On 16 June 2016, Judge Jelas declined to discharge the appellant without conviction.1 The appellant contends the Judge was wrong not to have discharged him for various reasons.
Background
[2] The offending was spread across two incidents.
[3] The appellant had three male flatmates: A, B and C. On 7 November 2015, the appellant argued with A about the use of an off-street park. The appellant grabbed a pair of scissors. He threatened to kill A. A ran and hid in a locked room. The appellant then entered B’s bedroom. He grabbed B by the neck while still holding the scissors in his other hand. The appellant’s partner pulled the appellant away. C asked the appellant to stop. The appellant followed C to the kitchen, grabbed him by the collar and pushed C against the bench. The appellant placed his hand over C’s face. He raised the scissors in a threatening manner. Again, the appellant’s partner pulled him away. Police attended. The appellant denied the offending. He said everyone at the address was “making up stories”. The appellant was arrested and granted bail.
[4] At approximately 5 am on 14 February 2016, the appellant unlawfully entered his neighbour’s home. A party was in progress there. The appellant stood outside the closed door to the bathroom. The female victim, D, opened the door to find the appellant in the hallway. The agreed summary of facts records the pair were a metre apart, and the appellant stood motionless with his eyes fixed on D. She shouted at him to leave. The appellant ignored her, and smiled. D pushed the appellant to the front door. At this point, her friends came to her aid. Police were called. The appellant said the allegation was “false”. The incident occurred while the appellant was on bail for the first. He had twice previously asked D to come over to her property. She did not want his attention. The appellant knew that. His
bedroom overlooked her property.
1 Police v Singh [2016] NZDC 11132.
[5] On 11 April 2016, the appellant pleaded guilty to six charges: possession of an offensive weapon; three charges of assault; threatening to kill; and unlawfully being in a building. All but the last related to the first episode. The appellant had earlier been warned by the Police about behaviour towards his flatmates but no charge had been laid.
[6] The appellant is 34 years old. These offences are his…
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