McKay v Police HC Tauranga CRI-2011-463-51 [2011] NZHC 2075 (24 November 2011)

Last Updated: 20 February 2012

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

_{CRI-2011-463-51}

ROBBIE MICHAEL MCKAY

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing: 24 November 2011 (Heard at ROTORUA)

Counsel: Appellant in person

N Belton for respondent

Judgment: 24 November 2011

(ORAL) JUDGMENT OF LANG J [on appeal against conviction]

MCKAY V NEW ZEALAND POLICE HC TAU CRI-2011-463-51 24 November 2011

[1] Mr McKay faced a charge of failing to comply with the lawful direction of an enforcement officer. On 12 May 2011, Judge Ingram convicted him and ordered him to appear for sentence if called upon to do so within six months.[1] He also ordered Mr McKay to pay costs of $132.89. Mr McKay now appeals to this Court against his conviction.

[2] The case has an unusual history, because the information contains a notation that Mr McKay pleaded guilty on 15 March 2011. He has always maintained, however, that he never entered a guilty plea on that date. He says, in fact, that he had never personally appeared in Court prior to 12 May 2011 when Judge Ingram convicted and sentenced him.

[3] This morning I have had the assistance of hearing from Mr Deobhakta, who provided Mr McKay with some advice in relation to the charge. He has also been able to explain to me some of the background to what occurred in the District Court.

[4] Having heard from Mr McKay and Mr Deobhakta, I am left in real doubt as to whether Mr McKay ever entered a guilty plea. A file note made by the police prosecutor on 15 March 2011 also adds to the confusion.

[5] In those circumstances the appeal must be allowed. The only issue is whether or not the proceeding is remitted to the District Court for rehearing, or whether it should be brought to an end today. Having taken instructions on the matter, counsel for the respondent advises me that the police do not wish the matter to proceed further. I therefore allow the appeal and quash the conviction.

[6] In its place I discharge Mr McKay without conviction, subject to the existing order that he pay Court costs of $132.89. He confirms that he has paid those costs,

_{so the proceeding is now at an end.}

_{Lang J}

Solicitors:

Crown Solicitor, Tauranga

Copy to:

Appellant

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[1] New Zealand Police v McKay DC Whakatane CRI-2010-019-9970, 12 May 2011.