O'Connor v Police

[2014] NZHC 44

IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY

CRI-2013-416-000018 [2014] NZHC 44

BETWEEN  SEAN ALAN MAURICE O'CONNOR Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:                   3 February 2014

Appearances:           No appearance for Appellant

J D Lucas for Crown

Judgment:                3 February 2014

JUDGMENT OF VENNING J

This judgment was delivered by me on 3 February 2014 at 4.30 pm, pursuant to Rule 11.5 of the High

Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:           Crown Solicitor, Napier

Copy to:            Appellant

O'CONNOR v NZ POLICE [2014] NZHC 44 [3 February 2014]

[1]      On 22 October 2013 Mr O’Connor was found in contempt of Court and sentenced by Judge Adeane to 14 days’ imprisonment.   Although Mr O’Connor served the term of imprisonment he filed an appeal against conviction and sentence on 13 November 2013.

[2]      The appeal was called before the Court on 19 December 2013.  Unfortunately it was unable to be reached that day.  Gilbert J adjourned it for hearing at 11.45 am on 3 February 2014.  At the same time the Judge noted Mr O’Connor had not filed and served his submissions in support of the appeal and directed that he should do so no later than 24 January 2014.

[3]      Mr O’Connor has still not filed any submissions.  The appeal was called at

11.45 am on 3 February 2014.  Mr O’Connor did not appear to support the appeal.  I note that  apart  from  Gilbert  J’s  minute the Registrar independently advised  Mr O’Connor that his appeal was to be heard on 3 February 2014 at 11.45 am.  Notice of today’s date was sent to the address of 70 Lucknow Street, Wairoa, the address provided by Mr O’Connor on his notice of appeal.  The appeal was called again at

2.00 pm.  Mr O’Connor was still not at Court.

[4]      Given Mr O’Connor failed to appear the appeal could be dismissed for non- prosecution.  However, I have reviewed the file and am satisfied it should also be dismissed on its merits.

[5]      In the notice of appeal Mr O’Connor says that he was arrested for wearing sunglasses but he told the Court officer they were prescription glasses.  He says the police then attacked him and pushed him out of the Court door.  After a few minutes he returned to the Court and was arrested by the Judge for contempt.

[6]      However, the Judge’s record discloses that, apart from the confrontation with the security officer concerning the sunglasses, when Mr O’Connor later returned to the  Court  there  was  an  altercation  about  a  jacket  which  led  to  Mr  O’Connor engaging in a “loud verbal altercation with the security officer”.   The Judge then went on to note that Mr O’Connor gave the Judge a “fingers” gesture as he was removed from the Court and was held in contempt.

[7]      Against that background it is clear that s 365(1)(a) and (b) of the Criminal

Procedure Act 2011 was engaged.  Mr O’Connor was in contempt of Court.

[8]      The maximum penalty of imprisonment for such a contempt is a period not exceeding three months.

[9]      Having reviewed the cases referred to in De Montalk v District Court at

Dargaville1 the sentence imposed of 14 days was open to the Judge.

[10]     The appeal against conviction and sentence is dismissed.

Venning J

1      De Montalk v District Court at Dargaville [2012] NZHC 444.