Taylor v Police

[2012] NZHC 846

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

CRI-2012-441-9 [2012] NZHC 846

BETWEEN  BRETT COLIN TAYLOR Applicant

ANDNEW ZEALAND POLICE Respondent

Hearing:         30 April 2012

Counsel:         C R Carruthers QC for Applicant

R J Collins for Respondent

Judgment:      1 May 2012

JUDGMENT OF MILLER J

[1]      This judgment records my reasons for granting Mr Taylor’s application under s 28J of the District Courts Act 1947 for transfer of the prosecution to the High Court.

[2]      The feature which clearly warrants a transfer concerns the interpretation of s

240(1(d) of the Crimes Act 1961.  There are some complexities in relation to “loss”

and “deception”:  Morley v R [2010] 2 NZLR 608, Cai v R [2011] NZCA 604.

[3]      Other considerations  somewhat  favour the applicant  or are neutral.    The principal protagonist were partners in a chartered accountancy firm and the case has obvious implications for professional reputations.   No local District Court Judge could hear it.  Nor could it be tried more quickly in the District Court.

[4]      The trial is to be Judge-alone, and four days are required.   The parties are willing to have it transferred to Wellington if that is more efficient.

TAYLOR V NEW ZEALAND POLICE HC NAP CRI-2012-441-9 [1 May 2012]

[5]      I direct that Mr Taylor is to appear at a callover on Tuesday, 12 June 2012 at

9.30 am at Napier.  Arrangements should be made without delay in the meantime to arrange trial date and venue.

Miller J

Solicitors:

Crown Solicitor’s Office, Napier for Respondent