Meek v Police HC Wellington CRI-2011-409-10 [2011] NZHC 2015 (16 December 2011)

Last Updated: 11 February 2012

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

_{CRI-2011-409-10}

STUART JAMES MEEK

v

_{NEW ZEALAND POLICE}

Hearing: On papers

Counsel: S J Meek (in person)

A J Ewing for Respondent

Judgment: 16 December 2011

_{JUDGMENT OF WILLIAMS J}

In accordance with r 11.5, I direct the Registrar to endorse this judgment with the delivery time of 10:30am on the 16th December 2011.

STUART JAMES MEEK V NEW ZEALAND POLICE HC WN CRI-2011-409-10 16 December 2011

[1] Mr Meek pleaded guilty to dishonestly using a document to obtain a pecuniary advantage, after an amateurish and ultimately hopeless attempt to fraudulently obtain a mortgage from Kiwibank. On 21 December 2010, Judge Somerville refused to discharge Mr Meek without conviction, and ordered Mr Meek to come up if called upon within 12 months.

[2] Mr Meek appeals that sentence. He came before me at a hearing on 31 May

2011. As recorded in my minute of that date, I was particularly concerned about the effect of a conviction on Mr Meek’s mental health. Mr Meek was suffering from depression and anxiety and, in the week prior to that hearing, this resulted in suicidal ideation. I adjourned the appeal so that Mr Meek could obtain assistance and could prove to me that he did not pose a risk of reoffending.

[3] Mr Meek has not been in any trouble since. Accordingly, and for the reasons earlier given, I allow the appeal on the basis that the consequences of a conviction, and in particular the consequences for Mr Meek’s mental health, are out of all proportion to the gravity of the offending.

_{[4] Mr Meek is discharged without conviction.}

Williams J