Williams v Police

[2012] NZHC 1144

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2011-404-460 [2012] NZHC 1144

BETWEEN  JESSICA PATRICIA WILLIAMS Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         25 May 2012

Counsel:         K Maxwell for Appellant

KA Lummis for Respondent

Judgment:      25 May 2012

JUDGMENT OF BREWER J

SOLICITORS/COUNSEL

Kathryn Maxwell (Auckland) for Appellant

Meredith Connell (Auckland) for Respondent

WILLIAMS V POLICE HC AK CRI-2011-404-460 [25 May 2012]

[1]      The appellant was convicted by Judge TH Everitt in the District Court at Auckland on 7 October 2011 on one charge of assault with a weapon.  She has filed a notice of appeal against her conviction and sentence.

[2]      A preliminary point that had to be decided was whether or not the appellant could  be permitted  to  adduce new evidence at  the appeal.   That  turned  on  the freshness of the evidence given that the circumstances from which the charge eventuated were associated with a multi-party fracas.

[3]      The preliminary point was decided by Toogood J.[1]     He has permitted the calling of evidence at the appeal.

[1] Williams v Police HC Auckland CRI-2011-404-460, 23 May 2012.

[4]      At the callover this morning, Ms Maxwell for the appellant and Ms Lummis for the Crown are agreed that because fresh evidence will be called at the appeal, there is really no point in the appeal continuing as a standalone instrument of justice. That is to say, if the appeal Judge were to allow the appeal, the evidence would have to be called again before the District Court in a full rehearing.  Ms Lummis for the respondent submits that, in any event, the Judge on appeal would have to see all of the  evidence  in  its  context  and  this  would  include  other  Crown  witnesses commenting on the new evidence.

[5]      I agree that there is little point in the case proceeding for full argument on appeal.  I have looked at the factual matrix which now exists and I am satisfied that the proper course now is to allow the appeal and to remit the case back to the District

Court for a new trial.  I make that order accordingly.

Brewer J