Brown v Police - [2025] NZHC 708

Mr Brown was convicted in the District Court on a charge of wearing prohibited gang insignia in a public place under s 7 of the Gangs Act 2024.  He was captured on Council CCTV cameras wearing a cap which displayed gang wording in gang colours.  An appeal against the refusal to grant a discharge without conviction was dismissed.  The High Court noted that the particular offending was classified at the lowest level, there being no intimidatory behaviour or other aggravating factors, nor was there any complaint from members of the public.  Nevertheless, the culpability was not “zero” and Mr Brown had pleaded guilty to the relevant charge.  The District Court Judge was correct to find that the consequences for Mr Brown of a conviction for the offence were not out of all proportion to the offending, according to the test for a discharge without conviction.  The application of that test is not affected by the issue of whether the offence provision is consistent with the right to freedom of expression under the New Zealand Bill of Rights Act 1990 as argued by Mr Brown.