T v Police HC Wellington CRI 2008 485 55

[2008] NZHC 1306

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI 2008 485 55

T

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         19 August 2008

Counsel:         D A Ewen for appellant

F S Moraes for respondent

Judgment:      19 August 2008

JUDGMENT OF DOBSON J

[1]     Without substantive argument before me, counsel were agreed that the appropriate course is for the appellant to seek leave to amend the Notice of Appeal to one challenging the conviction, and for leave to do so out of time.   There is no opposition to that, and leave is accordingly granted.

[2]      As to disposition of the appeal, it has become apparent that Mr T   entered pleas of guilty on the mistaken understanding that he could thereafter still challenge the value of the stolen goods.  That course was not open to him, and I consider it is in the interests of justice that the convictions be set aside, with the matter remitted to

the District Court.

T V NEW ZEALAND POLICE HC WN CRI 2008 485 55  19 August 2008

[3]      The parties propose that I remit the matter for a status hearing on 26 August

2008, and I so order.

[4]      The appellant is presently on bail and that bail is to continue on present terms, with him to appear on 26 August next.

Dobson J

Solicitors:

Surridge & Co, Porirua for appellant

Luke Cunningham & Clere, Wellington for respondent