IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CRI-2014-409-000102 [2015] NZHC 136
BETWEEN VINCENT KERRY WARREN
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 3 February 2015 Appearances:
A James for Appellant
B Hawes for CrownJudgment:
11 February 2015
JUDGMENT OF GENDALL J
Introduction
[1] On 27 June 2014 the appellant (Mr Warren), was found guilty1 on two counts of criminal harassment2 and one count of threatening to kill3 by His Honour Judge A D Garland in the District Court. This followed a defended hearing. On 6 August
2014 he was sentenced on these charges to five years’ imprisonment and a minimum
period of imprisonment (MPI) of three years four months was imposed.4
[2] Mr Warren now seeks leave to appeal out of time against both conviction and sentence. The notice of appeal discloses the following four specified grounds for the appeal:
1. That the sentence was manifestly excessive.
1 Police v Warren DC Christchurch CRI-2013-009-6828, 27 June 2014 [Trial Judgment].
2 Harassment Act 1997, s 81(a), each count carrying a maximum term of imprisonment of two years.
3 Crimes Act 1961, s 306, carrying a maximum term of imprisonment of seven years.
4 Police v Warren DC Christchurch CRI-2013-009-6828, 6 August 2014 [Sentencing Notes].
WARREN v NEW ZEALAND POLICE [2015] NZHC 136 [11 February 2015]
2. That I should not have been convicted on the threatening to kill charge. Evidence against me was unreliable.
3. Propensity evidence on other charges caused prejudice.
4. As self represented, I was at disadvantage.
[3] It has since been clarified that now Mr Warren appeals only his conviction in relation to the charge of threatening to kill and the resulting sentence imposed on him. Thus, ground 1 (noted at [2] above is limited to the threatening to kill count, and grounds 3 and 4 have effectively been abandoned.
Leave to appeal out of time
[4] Mr James, counsel who appeared before me for Mr Warren, explains that there had been approximately a one month delay in filing the notice of appeal. He says that this has caused no prejudice to the Crown and that, as the appeal prima facie has merit, the extension should be granted. He refers to Davis v Police in support of the leave application.5 The extension of time for the appeal is not opposed by the Crown. Given there is no objection by the Crown, the very short delay involved and the fact that there seems to be no prejudice resulting from this delay, I am willing to hear the appeal out of time and grant leave accordingly.
Jurisdiction
Conviction
[5] Mr Warren is able to appeal his conviction as of right.6 As first appeal Court, this Court must allow the appeal if it is satisfied that Judge Garland erred in his assessment of the evidence to such an extent that there is an error, irregularity or occurrence which has created a real risk that the outcome of the trial was affected, or
that…
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