Hodges v Police

[2012] NZHC 2053

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

CRI-2012-441-11 [2012] NZHC 2053

IN THE MATTER OF     an appeal against conviction and sentence

BETWEEN  MAHONRI WHALUM HODGES Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         14 August 2012

Appearances: M J Phelps for Appellant

N M Graham for Respondent

Judgment:      14 August 2012

ORAL JUDGMENT OF PETERS J

Solicitors:           Elvidge & Partners, Crown Solicitor, Napier: [e-mail]

Counsel:            M J Phelps, Hastings:  [e-mail]

HODGES V NEW ZEALAND POLICE HC NAP CRI-2012-441-11 [14 August 2012]

[1]      This is an appeal against conviction and sentence.[1]

[1] Police v Hodges DC Hastings CRI-2012-020-736, 3 April 2012.

[2]      It is common ground between the Appellant and the Respondent that the Appellant’s appeal should be allowed as a result of the manner in which this case proceeded in the District Court.

[3]      The Appellant was charged with assault.  He was eligible for diversion and the Police were agreeable to diversion.   With respect to the Judge, that was the outcome that should have followed but it did not.

[4]      Through  no  fault  of  the Appellant,  he  ended  up  with  a  conviction  and sentence.   It is apparent from the transcript of the proceedings that day that the suggestion of the conviction and sentence emanated from the Judge.  I am satisfied that the Judge erred in proceeding as he did that day.

[5]      I  have  considered  whether  I  ought  to  discharge  the  Appellant  without conviction but believe there would be benefits to be obtained if the matter were remitted back to the District Court so that it could proceed as originally intended.

[6]      Accordingly, I vacate the guilty plea that the Appellant entered to the charge of assault.  The sentence is quashed as a result and I remit the matter back to the District Court.

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

M Peters J