Stewart v Police

[2014] NZHC 274

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI 2014-409-1 [2014] NZHC 274

SETH TE WHETUMARAMA DANIEL STEWART

v

NEW ZEALAND POLICE

Hearing:                   25 February 2014

Counsel:                  Appellant in Person (assisted by father) S A H Bishop for Respondent

Judgment:                25 February 2014

JUDGMENT OF SIMON FRANCE J

[1]      Mr Stewart was convicted on 20 February 2013 of careless driving.1   He was aged 20 years at the time.  It was his only offending and involved losing control of his car at the end of an orthodox passing manoeuvre.   However, the weather conditions at the time were very poor.

[2]      Mr Stewart was offered diversion.   There was delay in completing it.   In terms of court dates it seems there was an extension, then a non-appearance at which point diversion was withdrawn and a formal proof date set, and then formal proof.

[3]      Mr Stewart says he did not know of the latter two dates and that was why there was no appearance.  He had no opportunity to explain, and has only recently learned a conviction was entered.  He had paid the fine imposed but thought he was

doing so as part of the diversion arrangement.

1

STEWART v NZ POLICE [2014] NZHC 274 [25 February 2014]

[4]      There  is  no  record  to  confirm  Mr Stewart  was  advised  of  the  last  two hearings, and so the conviction cannot stand.  In the circumstances I do not remit the matter back:

(a)      it was Mr Stewart’s only blemish and was at the lower end of the scale, being a one-off mistake and not involving any prolonged poor driving;

(b)      he has done some driving training since; (c)     it is now 18 months since the incident.

[5]      The appeal is allowed and the conviction quashed.

Simon France J

Solicitors:

Luke Cunningham & Clere, Crown Solicitors, Wellington