T v Police HC Tauranga CRI 2009-463-51

[2009] NZHC 2230

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CRI 2009-463-51

BETWEEN  T

Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         10 December 2009

Appearances: Appellant in person

Hayley Booth for Respondent

Judgment:      10 December 2009

JUDGMENT OF HARRISON J

SOLICITORS

Ronayne Hollister-Jones Lellman (Tauranga) for Respondent

(copy to Appellant in person)

T V POLICE HC TAU CRI 2009-463-51  10 December 2009

[1]      Mr T   appeals against his conviction in the District Court at Opotiki on 26 March 2009 following his pleas of guilty to unlawful possession of a sawn off .22 rifle and a military style semi-automatic weapon.   Mr T   entered pleas to both charges.  Judge Rollo convicted him and imposed concurrent sentences  of  100  hours  community work  (he  also  remitted  outstanding fines  of

$2,871 and in substitution increased the sentence of community work to 250 hours).

[2]      Mr T   filed a comprehensive and clear notice of appeal with this Court on 29 June 2009.  In effect he challenges his conviction on the charge to which he pleaded guilty of possessing a military style semi-automatic weapon.

[3]      In  the  best  traditions  of  fairness  practised  by  the  Crown,  Ms Booth  has arranged for a police armourer to analyse the weapon.  As a result she advises this morning that the firearm had a seven shot magazine.  Accordingly it did not fit the definition of a military style semi-automatic firearm.   She concedes that Mr Tai- Agassiz's conviction on that charge should be quashed, even though he did not follow the course of applying for a rehearing in the District Court.  I agree with her that exceptional circumstances exist and it is in the interests of justice to set aside Mr T  's conviction.

[4]      Accordingly Mr T  's conviction in the District Court at Opotiki on

26 March  2009  on  one  charge of  unlawful  possession  of  a  military style  semi- automatic weapon is quashed.  As a consequence his sentence of community work is reduced from 250 hours to 175 hours (Mr T   advises that he has carried out all but 27 of those hours of work in any event so he is excused from carrying out any

more work).

Rhys Harrison J