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A police officer who was caught drink-driving after going out to buy food has successfully appealed his conviction, but his fight to keep his job continues. 

Harrison Marius Anthony Rickard-Simms was stopped in Tokoroa about 9.30pm on April 26, as part of a routine traffic stop. 

The 25-year-old returned a breath alcohol level of 521mcg. The legal adult limit is 250mcg. 

When questioned, he said he had been drinking and “had gone to town to buy some food”. 

He failed in his bid to get a discharge when he appeared before Community Magistrate Lesley Jensen on July 11, who convicted and fined him $470 and disqualified him from driving for six months. 

However, he has now successfully appealed that decision after his lawyer Bill Nabney argued the risk of him losing his job with a conviction was too high. 

‘He should have known better’ 

In his submissions, Nabney said when Jensen sentenced his client, she failed to properly assess the proportionality of the consequences of a conviction. 

“His level of 521mcg was obviously somewhat higher than ... 400 ... but there were no other significant factors. 

“It was a random stop. It wasn’t because of his manner of driving.” 

While it was accepted police would carry out their own investigation, the lack of a conviction might have an impact on how that pans out. 

Nabney said it was “significant” the employment investigation had been adjourned until the outcome of his client’s appeal. 

“If the appeal is not allowed there will definitely be an impact on him to remain in police.” 

The main aggravating feature of the offending was the fact Rickard-Simms was a police officer, he said. 

“He, more than anyone else, should have known better.” 

However, he was also a member of the community and was appealing to the court to overturn his conviction so he could remain a police officer. 

Rickard-Simms was also following a “family tradition”, with both his parents, who were in Tokoroa District Court on Wednesday to support him, working as police officers before becoming lawyers. 

“Both parents were police officers, so it’s a family thing as well. 

“This isn’t something he has embarked upon lightly in terms of his decision to have a meaningful career in police. 

“He has fronted up to his responsibilities in regards to his offending.” 

Harrison Rickard-Simms, 25, outside the Tokoroa District Court, successfully appealed his conviction but is now awaiting the outcome of a police employment investigation. Photo / Belinda Feek 

He was co-operative with the officers on the night and didn’t try to “dissuade” them in any way. 

“He pleaded guilty despite the fact that there was a potential technical defence, but he wanted to take responsibility for his actions.” 

Nabney also produced an affidavit from an expert non-sworn police witness about the ramifications of a conviction, in which it stated it would have a “material difference”. 

There were also other consequences, given he was still young, for other employment if he did lose his job. 

“I can assure the court that Mr Rickard-Simms has learnt a very significant lesson from what has happened to him, and if he’s granted a discharge without conviction. 

“I can just about categorically assure the court that he won’t be in court again, in this role, but maybe in a different one [as an officer].” 

‘There’s no mitigation’ 

Crown prosecutor Kris Bucher, of Rotorua, said there was “really no mitigation”. 

“He had been drinking and wanted to go and get some food. 

“So it’s not a case as if there was something requiring him to drive on the evening in question. 

“It is serious offending.” 

Bucher said, irrespective of the outcome of the appeal, Rickard-Simms would “still need to run the gauntlet with his employer”. 

“It is the consequences of the offending, rather than the consequences of a conviction, which will apply for Mr Rickard-Simms in this case.” 

He said there needed to be some caution that the court didn’t “usurp the function of the internal disciplinary process of New Zealand Police”. 

‘There is a risk he could lose his job’ 

However, Judge Anna Skellern categorised his offending at the “lowest end of moderate”, adding his breath alcohol level was not high, nor was there any driver fault. 

“He noted to police that he had stopped drinking for a period until he thought he was able to drive, before he then drove. 

“He is remorseful and has no previous history of offending,” she said. 

Rickard-Simms was assessed as “excellent” in his most recent annual performance review and before becoming a policeman he was in the NZ Army. 

Judge Skellern found there was a real and appreciable risk he could lose his job, so she agreed to grant his appeal. 

“This is not a matter of the court attempting to usurp the process of the New Zealand Police in any way. 

“I am satisfied that the direct and indirect consequences of a conviction would be out of all proportion to the gravity of the offending.” 

She ordered Rickard-Simms, who was emotional at times throughout the hearing, to pay $500 to a defensive driving organisation. 

In a statement, Bay of Plenty Acting District Commander Lew Warner said as the matter was subject to an ongoing employment investigation, “it would be inappropriate for police to comment further at this time”. 

Belinda Feek is an Open Justice reporter based in Waikato. She has worked at ��һ�ǿ����� for 10 years and has been a journalist for 21.