The Preamble Beginning Judge Wylie’s Appeal Decision

Barrister - client (Bolton) was concerned with the fact of conviction, rather than the sentence imposed.

The Preamble Beginning Judge Wylie’s Appeal Decision
Following the Submissions Bolton presented to the Appeal Court
These sections are copied from the Reserved Judgment of Wylie J.
[I] The appellant, Mr Bolton, appeals a conviction entered against him by Judge Davis in the District Court at Auckland.
Mr Bolton was convicted of a charge under s 65 of the Maritime Transport Act I994, of operating a Ship, the Classique, in a manner which caused unnecessary danger or risk to other persons.
Mr Bolton was sentenced by Judge Davis to …
a fine of $4,00U, plus costs of $l,356. Total – $5356
[2] lnitially, Mr Bolton appealed against both the conviction and the sentence.
When the matter was called before me, (Judge Wylie) Mr Eastwood, appearing for Mr Bolton, advised that the appeal against sentence was not being pursued. He confirmed that his client (Bolton) was concerned with the fact of conviction, rather than the sentence imposed.
Background Facts
[3] Mr Bolton and a crew-member, were onboard the yacht Classique on the Hauraki Gulf, in an area to the north east of Browns Island. Classique was heading under power, to an anchorage on the south western side
of Motuihe Island. She was on a course of about 75° (true).
[4] According to a brochure produced in the course of the hearing in the District Court, Classique is a New Zealand designed and built cutter. She is approximately 22 metres long; she has a beam of just over 6 metres and she draws approximately 2.5 metres. She weighs 45 tonnes and she has a single mast. She also has a 185 horse power Volvo engine.
[5] It is not in dispute that on the day in question, Classique was under power. She was cruising at about seven knots, and she was under the command of Mr Bolton. Continuing …
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

Chart of Auckland Harbour relevant to Seaway V Classique
The Preamble Beginning Judge Wylie’s Appeal Decision

The Preamble Beginning Judge Wylie’s Appeal Decision

Website Pin Facebook Twitter Myspace Friendfeed Technorati del.icio.us Digg Google StumbleUpon Premium Responsive

Leave a Reply

Your email address will not be published. Required fields are marked *

CommentLuv badge