Wiki v Police - [2018] NZHC 2156

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI 2018-404-146

[2018] NZHC 2156

BETWEEN VICTORIA MARIGOLD MARGARET WIKI
Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 21 August 2018

Appearances:

Appellant in person

D Green for respondent

Judgment:

21 August 2018

ORAL JUDGMENT OF GORDON J

Solicitors: Crown Solicitor, Auckland Copy To: The appellant

WIKI v POLICE [2018] NZHC 2156 [21 August 2018]

Introduction

[1] Victoria Wiki pleaded guilty on 12 April 2018 to one charge of wilful trespass,1 and one charge of assault on a female constable.2 She does not dispute what happened: essentially, she entered New World on Queen Street where she had previously been trespassed, and while being processed after her arrest, spat on an officer’s arm.

[2] Ms Wiki was sentenced in the Auckland District Court to 12 months’ supervision with special conditions, including that she undertake alcohol and drug counselling as directed by Community Probations.3

[3] Ms Wiki filed a notice of appeal on 9 May 2018, appealing both conviction and sentence. Ms Wiki did not file any submissions. The Police have responded to the notice of appeal with a one-page memorandum.

[4] This appeal was to have been heard on 30 July 2018. It was adjourned on Ms Wiki’s application so she could obtain proof that New World had trespassed her from its premises. Ms Wiki has not placed any further material before the Court in that regard. However, she has provided the Court with a letter dated 20 August 2018 from ACC responding to Ms Wiki’s request of 6 August 2018, asking for medical information in relation to Ms Wiki’s ACC injury claim from 1988. The letter advises that ACC is working on the request.

Factual background

[5] Ms Wiki does not dispute what happened on 26 March 2018, the day of her offending.

[6] She entered the New World at 125 Queen Street just before 9 am. Around a month prior, on 22 February 2018, she had been trespassed from the premises by New World for a period of two years. Despite being reminded by security she was not

1      Trespass Act 1980, ss 4(4) and 11(2)(a). The maximum penalty is three months’ imprisonment, or a $1,000 fine.
2      Summary Offences Act 1981, s 10. The maximum penalty is three months’ imprisonment, or a
$4,000 fine.
3      New Zealand Police v Wiki [2018] NZDC 9729 at [4].

allowed inside, Ms Wiki continued to walk in and out of the store, swearing at staff and causing a scene.

[7] After leaving the store, Ms Wiki was arrested on Wyndham Street, and taken into custody. While the police officer, Jenni Hussey, was conducting a search of Ms Wiki, as she was authorised to do, Ms Wiki spat on her arm.

Approach to case

[8] Ms Wiki’s original grounds of appeal are unspecific. She alleges abuses of power and process by the New Zealand Police (and presumably she specifically has in mind the officer who processed…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Wiki v Police

Details

AGLC: Wiki v Police [2018] NZHC 2156
Case: [2018] NZHC 2156
Decision Date: 21 August 2018

CaseChat Overview and Summary

Victoria Wiki appealed against her conviction and sentence imposed by the Auckland District Court. Wiki pleaded guilty to wilful trespass and assaulting a police officer. Wiki was sentenced to 12 months' supervision with special conditions, including alcohol and drug counselling. Wiki appealed against both the conviction and sentence, though she did not file any submissions and did not provide any additional material. The appeal against the conviction was dismissed as Wiki had pleaded guilty and accepted the facts on which the charges were based. The appeal against the sentence was also dismissed, as the sentence was within the appropriate range and focused on Wiki's rehabilitative interests. The Judge found no fault in the approach taken by the sentencing Judge, who imposed the sentence based on Wiki's willingness to engage in alcohol and drug counselling.

The appeal was dismissed, and the original sentence was upheld.

Orders