What else could the Police have done?

Newsroom reports:

A man who sent fictitious and distressing text messages to a woman has had his conviction for harassing her overturned because the police broke the law to arrest him.

Their “simple police investigatory trick” was deemed inadmissible.

The High Court judge who let him off condemned his behaviour and said he did not minimise the distress a campaign of fake messages had had on the woman.  He said he viewed it as something more sinister than a prank, anonymously targeting a woman.

But he ruled the police had committed the same offence in tracking him that the defendant had committed in the first place.

Police helping the woman, who complained of repeated false messages and orders of services to her home, texted the number from which a pizza had been ordered for her and pretended to be offering a prize of free movie passes. 

The fictitious texter answered with his name and address. When police visited his home, he denied any fake messaging, but when told by a sergeant about the movie ticket prize he slapped his forehead and exclaimed “I’m so dumb” before going to the station and making a full confession.

I don’t see what else the Police could do? If he had a phone and sim card on a pre-pay plan then he would not be registered. They had no way of tracking him, so doing a stupidity test seems fair enough.

Years ago US immigration authorities would put on Steinlager parties to attract illegal Kiwi immigrants and those silly enough to turn up were deported. Is that different?

Justice Nicholas Davidson, in the High Court at Timaru, said the defendant, Richard Arthur James Crawford, had used a mobile phone to order two Domino’s pizzas and garlic bread, giving the woman’s address for delivery. 

Crawford has form. This 2017 article reports:

A South Canterbury man who advanced on someone with an axe after they objected to his music has been convicted of possessing an offensive weapon. 

Richard Arthur James Crawford, 20, was at home with his parents in February when his father stopped him playing loud music. 

The victim was also at the address and had taken Crawford’s parents’ side. 

Crown prosecutor Nyssa Winchester said Crawford, who had been drinking alcohol during the day, grabbed “a large axe and began swinging it around”.

Crawford “advanced” on the victim, wielding the axe, forcing him to move out of the way. 

Sounds a lovely guy.

Crawford also pleaded guilty to a charge of intentional damage, after breaking a pane of glass when he was not allowed entry to a house. 

He went uninvited to the address to visit a girl on July 3, but her parents did not let him in. 

Crawford “yelled abuse” and banged on the door until eventually the pane of glass on the side of the door broke, Winchester said. 

Sounds like only a matter of time before he is back.