Vai v Police

[2012] NZHC 860

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2012-404-5361 [2012] NZHC 860

BETWEEN  NICOLE TEINANO VAI Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         1 May 2012

Appearances: H P Retzlaff for Appellant

A R Longdill for Crown

Judgment:      1 May 2012

(ORAL) JUDGMENT OF PETERS J

Solicitors:

Meredith Connell, Crown Solicitors, Auckland: [email protected]

Public Defence Service, Auckland: [email protected]

VAI V POLICE HC AK CRI 2012-404-5361 [1 May 2012]

[1]      The  Appellant  appeals  eight  convictions  for  charges  of  contravening  a protection order[1] and sentences imposed on those convictions.

[1] Domestic Violence Act 1995, s 49(2).

[2]      The offending was alleged to have occurred between 2004 and 2007 and the

Appellant pleaded guilty to each charge.

[3]      The Appellant lodged her appeal on 24 January 2012.  Leave to appeal out of time was granted on 16 March 2012.

[4]      There is no dispute that this appeal must be allowed.  That is because there was, in fact, no protection order in place at the time of each alleged offence.  It is common ground that the existence of such an order is a prerequisite to the commission of the offence of which the Appellant was convicted.

[5]      Accordingly, I allow the appeal and quash the convictions and sentences.

The CRN’s affected by this order are:

(a)      CRN 04092067323 (b)      CRN 05092007554 (c)      CRN 05092015232; (d)      CRN 05092008111; (e)      CRN 06092041221; (f)      CRN 07092013740;

(g)      CRN 07092010548; and

(h)      CRN 05092022026;

..................................................................

M Peters J