Whyte v Police

[2024] NZHC 3590

IN THE HIGH COURT OF NEW ZEALAND GREYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA MĀWHERA ROHE

CRI-2024-418-08

[2024] NZHC 3590

BETWEEN

RUTH NAOMI WHYTE

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:

28 November 2024

Appearances:

C J Lange for Appellant

B W D Alexander for Respondent

Judgment:

28 November 2024

RESULTS JUDGMENT OF EATON J

This judgment was delivered by me on …….. at ……… pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

WHYTE v POLICE [2024] NZHC 3590 [28 November 2024]

[1]        Ms Whyte appeals against conviction on charges of assault with a weapon and intentional damage.

[2]The appeal against conviction is allowed. Both convictions are set aside.

[3]        Without opposition from Mr Alexander for the police, I grant Mr Lange’s oral application and vacate Ms Whyte’s guilty pleas that were entered in the District Court.

[4]        I remit the proceeding to the District Court for completion of the diversion process. Mr Lange confirms that full reparation, which was the only matter outstanding to complete the diversion, has now been paid into the trust account of the Crown Solicitors Office. Mr Alexander confirms that diversion is therefore completed. As soon as notice is given in accordance  with  s  148(1)  of  the  Criminal Procedure Act 2012 (the Act), Ms Whyte should then be discharged under  s 147(1) of the Act in the District Court.

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

Eaton J

Solicitors:
Crown Solicitors, Greymouth

Counsel:
C J Lange, Barrister, Christchurch