R v Penwarden

COURT OR TRIBUNAL

District Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

05/11/2020

LITIGATION TYPE

Access to Justice

SUBJECT MATTER

Protest Activities

REVIEW TYPE

N/A

SUMMARY

CRIMINAL PROCEDURE - the defendant appeared for sentence after being found guilty on charges of forgery and using a forged document - she had written a letter in which she impersonated the organiser of a petroleum conference - she wrote that the conference had been postponed, and sent the letter to some 20 people who were planning to attend the conference - after receiving queries in response, the conference organisers had to inform the recipients of the letter that the conference was in fact going ahead as planned - the defendant admitted to writing and sending the letter, but said that it had been intended as satire and a protest against environmental damage caused by the petroleum industry - the Court considered that the offending was planned and premeditated and required a degree of skill, and that it had caused some disruption to others - the gravity of the offending was in the low to moderate range - the defendant sought a discharge without conviction, submitting that a conviction would make it difficult for her to borrow money, and would have a chilling effect on the right to protest - there was no evidence to support the first ground, and the Court commented that lending institutions would likely be mostly concerned with the defendant's ability to pay - the Court accepted the defendant's right to protest, but added that she did not have the right to break the law - the defendant's application for discharge without conviction failed because the consequences of a conviction did not outweigh the gravity of the offending - the sentence was 125 hours community work - [PRELIM H/NOTE]

CASE DOCUMENTS

R v Penwarden [2023] NZDC 21467