P v Police HC Christchurch CRI 2008-409-209 [2009] NZHC 1497 (19 February 2009)

Last Updated: 27 November 2015

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

_{CRI 2008-409-000209}

P

Appellant

v

POLICE

Respondent

Hearing: 19 February 2009

Counsel: Appellant in person

R Thomas and S Jamieson for Respondent

Judgment: 19 February 2009

_{JUDGMENT OF FOGARTY J}

[1] This is an appeal against that part of the judgment of Judge Saunders whereby the car driven by the appellant is confiscated pursuant to s 129 of the Sentencing Act 2002.

[2] The ground of appeal is that the car belongs to the appellant’s grandfather. I

have heard the grandfather today.

[3] Mr P you did the right thing in bringing your grandfather and

_{Ms Long here this morning. I am going to take a neutral position and decide that the}

P V POLICE HC CHCH CRI 2008-409-000209 19 February 2009

Crown has not proved that it is your car and therefore the car is not confiscated and I

allow the appeal in that regard.

Solicitors:

Raymond Donnelly & Co, Christchurch, for Respondent cc: Mr K P