GRANT v R [2021] NZHC 1418

GRANT v R [2021] NZHC 1418 [15 June 2021]IN THE HIGH COURT OF NEW ZEALANDNELSON REGISTRYI TE KŌTI MATUA O AOTEAROAWHAKATŪ ROHECRI-2021-442-4[2021] NZHC 1418BETWEEN SAMANTHA JANE GRANTAppellantAND THE QUEENRespondentHearing: 20 April 2021, further material received on 3 June 2021Counsel: Appellant in personJ W Cameron for RespondentJudgment: 15 June 2021JUDGMENT OF ELLIS J[1] Ms Grant appealed her convictions on three charges of contravening aprotection order1 and one charge of wilful damage.2 Her convictions were enteredafter she had pleaded guilty to the charges.[2] On 31 May 2021 I issued an interim judgment in which I indicated that, subjectto hearing further from Mr Cameron, I was minded to allow Ms Grant's appeals on thebasis that she should have been advised to seek, and should have sought, a dischargewithout conviction.3 But I also indicated that were her appeal to be determined on thebases advanced by her, it would be dismissed.[3] This judgment needs to be read together with that earlier one.1 Family Violence Act 2018, ss 90(b) and 112(1)(a) [maximum penalty of three years'imprisonment].2 Summary Offences Act 1981, s 11 [maximum penalty three months' imprisonment or a $2,000fine].3 Grant v R [2021] NZHC 1244.[4] In response to directions made in my earlier judgment, on 3 June 2021 Ireceived a memorandum from Mr Cameron. In it, he raised matters that had notpreviously been made known to me. In particular, he advised that:(a) Ms Grant had previously been granted a discharge without conviction;and(b) She was facing further active charges of breaching the protection order.[5] I then issued a further minute indicating that these matters appeared to diminishmaterially the prospect of any Court exercising its discretion to grant Ms Grant any(further) discharges without conviction. In light of the view I had previouslyexpressed about the merits of her original appeal, I invited Ms Grant to think carefullyabout whether she now wished to pursue the matter. I nonetheless gave her theopportunity—if she wished to pursue the appeal—to file a brief affidavit addressingthe matters raised by Mr Cameron. I said that if no such affidavit was received by5 pm on Friday 11 June 2021 I would proceed finally to determine the appeal on thebasis of the arguments initially advanced.[6] No such affidavit has been filed or served. I therefore dismiss Ms Grant'sconviction appeals, for the reasons given by me in my earlier judgment. Paragraphs[22] to [29] of that judgment, in particular, are relevant._____________________Rebecca Ellis JSolicitors:Crown Solicitor, Nelson for Respondent