IN THE COURT OF APPEAL OF NEW ZEALAND CA135/03 THE QUEEN ROGER HOWARD MCEWEN
|
|
- Samantha Randall
- 5 years ago
- Views:
Transcription
1 IN THE COURT OF APPEAL OF NEW ZEALAND CA135/03 THE QUEEN v ROGER HOWARD MCEWEN Hearing: 19 June 2003 Coram: Glazebrook J Heath J Doogue J Appearances: D G Harvey for Appellant M F Laracy for Crown Judgment: 19 June 2003 JUDGMENT OF THE COURT DELIVERED BY GLAZEBROOK J Introduction [1] Mr McEwen was convicted, after a jury trial in the Palmerston North District Court, of a representative charge of indecent assault of a girl under 12 years. He was sentenced on 20 March 2003 to fifteen months imprisonment and was refused leave to apply for home detention, although the commencement of the sentence was deferred until 1 May 2003 on humanitarian grounds. Mr McEwen appeals against his sentence. He has been on bail pending appeal. R V ROGER HOWARD MCEWEN CA CA135/03 [19 June 2003]
2 Sentencing remarks [2] The victim of the offending was the ten-year-old daughter of a woman with whom Mr McEwen was having a relationship but did not live. While the charge was a representative charge Mr McEwen was sentenced by the judge on the basis of only one indecent assault having been proved beyond reasonable doubt, being touching in the genital area over clothing. [3] The judge considered that this touching was a gross breach of trust, a factor requiring denunciation and deterrence. After taking into account mitigating factors a sentence of fifteen months imprisonment was imposed. On the question of home detention the judge was of the view that the nature of the conviction, involving as it did a breach of trust, and community concerns about sexual offending against children made it inappropriate to grant leave to apply for home detention. Appellant s submissions [4] Mr Harvey, for Mr McEwen, had three submissions. He submitted first that the sentence of fifteen months imprisonment is manifestly excessive. Secondly he submitted that leave to apply for home detention should have been granted and finally he asked that the start date of that sentence of imprisonment be deferred under s100 of the Sentencing Act 2002 to allow the application for home detention to be considered. [5] In relation to the length of the sentence Mr Harvey submitted that the sentence was manifestly excessive in the circumstances. The touching was relatively fleeting and on top of the clothing. Mr McEwen had no similar convictions or indeed any other criminal convictions. Additionally he was not being sentenced for a course of conduct. [6] Turning to the decision not to grant Mr McEwen leave to apply for home detention, Mr Harvey submitted that the sentencing judge did not direct his mind adequately to s97 of the Sentencing Act Although the judge referred to the
3 nature of the conviction he did not appear to direct his mind to the particular circumstances of the offence in question which is at the bottom end of the scale for offences of this type. Additionally he did not appear to have taken into account the circumstances or background of the offender and did not refer to the Victim Impact statement which contained nothing that would militate against the granting of leave to apply for home detention. [7] Mr Harvey also drew attention to matters that he said were not before the Court on sentencing. He accepted that this information could have been put before the sentencing judge but the family had not provided it to him until after sentencing. The additional information was as follows. Mr McEwen s parents had offered their house as security for a loan enabling Mr McEwen to build his house with Mr McEwen meeting the mortgage payments. The parents were unable to make those payments if Mr McEwen was imprisoned and would have to sell land of their own to enable the mortgage to be paid. Additionally Mr McEwen s current partner, who has just had their baby, has minor brain damage from birth, suffers a learning disability and becomes stressed over minor matters. She relies on Mr McEwen for support and needs his help at times when she either forgets or is unsure about the baby s care. She lacks self-confidence due to her upbringing and is peculiarly susceptible to pressure. During her teenage years she attempted suicide on three occasions and was left with a speech impediment after the last attempt. She has found the whole Court process stressful and is terrified of what might happen if Mr McEwen was sentenced to an actual term of imprisonment. Additionally Mr McEwen s partner has no assets of her own and no independent means of support, effectively relying on Mr McEwen for everything. A benefit would not allow her to take over Mr McEwen s financial responsibilities. [8] Finally, on the question of a s100 deferral, it became apparent during the hearing that s100(4)(b) appears to preclude any deferral of the start date of a sentence of imprisonment if this Court quashed the sentence of fifteen months imprisonment and substituted a lesser sentence. Section 100(4)(b) provides that no court may defer the start date of a sentence of imprisonment if that sentence is imposed in substitution for a sentence of imprisonment that has been quashed or set aside.
4 [9] Mr Harvey, after taking instructions from his client, indicated that he did not wish to have the opportunity to make any further submissions on whether s100(4)(b) did preclude a deferral if the appeal as to the length of sentence succeeded. He accepted that the Court should proceed on the basis that it did. Further, Mr Harvey said that his client would prefer that this Court grant leave to apply for home detention and a deferral under s100(1)(b) rather than a reduction in sentence which would then preclude the operation of a s100 deferral. Crown submissions [10] Ms Laracy for the Crown submitted that the term of fifteen months imprisonment was available whilst acknowledging that it was at the very top of the range for a single incident of indecent assault of this nature. [11] In regard to the decision of the sentencing Judge in declining to grant leave to apply for home detention, Ms Laracy submitted that the factors which influenced the judge to decline leave were matters that he was entitled to take into account, namely the seriousness of the offence aggravated by the breach of trust and the community s concern at sexual offending against children. [12] Finally Ms Laracy submitted that, if this Court granted Mr McEwen leave to apply for home detention, the Crown would not oppose the deferral of the start date of the sentence, having regard to the personal situation of Mr McEwen and the additional material placed before the Court by his counsel. Discussion [13] We examine first the question of whether the judge should have given Mr McEwen leave to apply for home detention. In declining leave the sentencing judge merely stated that the nature of the conviction was such that it would not be appropriate to grant leave. Section 97(3) has the effect of a presumption in favour of granting leave. While this can be rebutted a Court has to be mindful of that presumption. It does not appear to us that the sentencing judge approached the issue of leave on this basis. Offending of a sexual nature against a child is of course very serious, particularly if it involves a gross breach of trust. Mr McEwen was, however,
5 sentenced on the basis of a relatively brief touching on the outside of clothing. This therefore was by no means the most serious offending of its type. Without more this may not have been sufficient to rebut the presumption in favour of granting leave. In addition, the sentencing judge did not have before him the extra material that has now been put before us in respect of the situation of Mr McEwen s parents and in particular that of Mr McEwen s current partner. In the circumstances therefore we consider that leave to apply for home detention should have been granted. [14] We also consider a s100 deferral appropriate, given the fact that Mr McEwen is in employment and also having regard to his personal and family situation. We are conscious that Mr McEwen has already been granted a deferral under s100(1)(a) on humanitarian grounds. We do not see this as precluding us from granting an additional deferral on the alternative grounds of s100(1)(b). [15] It is clear that a prompt disposal of this appeal is preferable. For that reason, in accordance with Mr Harvey s request, we do not consider the appeal in respect of the length of the sentence. We note that we express no final view as to whether s100(4)(b) would have prevented a deferral of start date if the length of the sentence had been reduced. Result [16] The sentence appeal is allowed to the extent that Mr McEwen is granted leave to apply for home detention. Under s100 the start date of his sentence of imprisonment is deferred for the lesser of two months from the date of this judgment or until the Parole Board has made its decision on home detention. Solicitors: D G Harvey, Palmerston North for Appellant Crown Law Office, Wellington
Appellant. JOHN DAVID WRIGHT Respondent JUDGMENT OF THE COURT
IN THE COURT OF APPEAL OF NEW ZEALAND CA831/2013 [2014] NZCA 119 BETWEEN AND THE QUEEN Appellant JOHN DAVID WRIGHT Respondent Hearing: 12 March 2014 Court: Counsel: Judgment: Wild, Goddard and Clifford
More informationTHE QUEEN JOHN MICHAEL COCKER. Counsel: K Stone for the Crown I M Antunovic for the Accused
NOT RECOMMENDED IN THE HIGH COURT OF NEW ZEALAND CRI-2004-085-1865 WELLINGTON REGISTRY THE QUEEN JOHN MICHAEL COCKER Counsel: K Stone for the Crown I M Antunovic for the Accused Sentencing: 15 October
More informationTHE QUEEN. D M Wilson QC for Crown C M Clews for Prisoner SENTENCE OF RANDERSON J
IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY T.013648 THE QUEEN V BOWEN PUTOA NEHA MANIHERA Date: 3 February 2003 Counsel: Sentence: D M Wilson QC for Crown C M Clews for Prisoner Four years imprisonment
More informationIN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY CRI [2014] NZHC PAUL ANDREW HAMPTON Appellant. NEW ZEALAND POLICE Respondent
IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY CRI-2014-463-000062 [2014] NZHC 2423 PAUL ANDREW HAMPTON Appellant v Hearing: 1 October 2014 NEW ZEALAND POLICE Respondent Appearances: Rebecca Plunket
More informationIN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CRI [2014] NZHC 1018 THE QUEEN REBEL WAITOHI. K A Stoikoff for Prisoner
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CRI-2013-044-1109 [2014] NZHC 1018 THE QUEEN v Hearing: 15 May 2014 REBEL WAITOHI Appearances: T M Cooper for Crown K A Stoikoff for Prisoner Sentence:
More informationIN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY TO30332 Q U E E N RICHARD GEOFFREY BULL SENTENCE OF LAURENSON J.
IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY TO30332 Q U E E N v RICHARD GEOFFREY BULL Hearing: 1-4 March 2004 Appearances: Mr Crayton for the Crown Mr Pyke for the Prisoner Judgment: 6 April 2004
More informationI TE KŌTI PĪRA O AOTEAROA CA116/2017 [2018] NZCA 477. CHRISTOPHER ROBERT HALPIN Appellant. THE QUEEN Respondent JUDGMENT OF THE COURT
NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF COMPLAINANTS PROHIBITED BY SS 203 AND 204 OF THE CRIMINAL PROCEDURE ACT 2011. IN THE COURT OF APPEAL OF NEW ZEALAND I TE
More informationIN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY CRI THE QUEEN ROBERT JOHN BROWN SENTENCING NOTES OF ANDREWS J
IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY CRI 2005-020-003954 THE QUEEN v ROBERT JOHN BROWN Hearing: 30 July 2008 Appearances: C R Walker for the Crown D H Quilliam for the Prisoner Judgment: 30
More informationAppellant. THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Respondent
IN THE COURT OF APPEAL OF NEW ZEALAND CA129/2016 [2016] NZCA 133 BETWEEN AND MICHAEL MARINO Appellant THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Respondent Hearing: 4 April 2016 Court: Counsel:
More informationSUPREME COURT OF QUEENSLAND
SUPREME COURT OF QUEENSLAND CITATION: R v WBG [2018] QCA 284 PARTIES: R v WBG (applicant) FILE NO/S: CA No 30 of 2018 DC No 2160 of 2017 DIVISION: PROCEEDING: ORIGINATING COURT: Court of Appeal Sentence
More informationTHE IMMIGRATION ACTS. 23 July September Before MR C M G OCKELTON, VICE PRESIDENT UPPER TRIBUNAL JUDGE GRUBB. Between
Upper Tribunal (Immigration and Asylum Chamber) THE IMMIGRATION ACTS Heard at Newport Decision & Reasons Promulgated 23 July 2015 2 September 2015 Before MR C M G OCKELTON, VICE PRESIDENT UPPER TRIBUNAL
More informationEDITORIAL NOTE: NAMES AND/OR DETAILS IN THIS JUDGMENT HAVE BEEN ANONYMISED. IN THE DISTRICT COURT AT ROTORUA CRI [2017] NZDC 3345
EDITORIAL NOTE: NAMES AND/OR DETAILS IN THIS JUDGMENT HAVE BEEN ANONYMISED. IN THE DISTRICT COURT AT ROTORUA CRI-2016-063-001647 [2017] NZDC 3345 NEW ZEALAND POLICE Prosecutor v MANU HENARE Defendant Hearing:
More informationIN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CRI [2014] NZHC BENJAMIN DUNCAN ROSS Appellant. NEW ZEALAND POLICE Respondent
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CRI-2014-485-63 [2014] NZHC 2388 BETWEEN AND BENJAMIN DUNCAN ROSS Appellant NEW ZEALAND POLICE Respondent Hearing: 23 September 2014 Appearances: C
More informationAppellant. THE QUEEN Respondent. Williams, Venning and Mander JJ. A G V Rogers, M H McIvor and J Kim for Appellant M H Cooke for Respondent
ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF APPELLANT PURSUANT TO S 200 OF THE CRIMINAL PROCEDURE ACT 2011. NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR
More informationBefore: LORD JUSTICE HOLROYDE MRS JUSTICE ANDREWS DBE. - and - J U D G M E N T
WARNING: reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohi bit the publication
More informationKARL MURRAY BROWN Appellant. THE QUEEN Respondent. Ellen France, MacKenzie and Mallon JJ JUDGMENT OF THE COURT REASONS OF THE COURT
IN THE COURT OF APPEAL OF NEW ZEALAND CA686/2013 [2014] NZCA 93 BETWEEN AND KARL MURRAY BROWN Appellant THE QUEEN Respondent Hearing: 18 February 2014 Court: Counsel: Judgment: Ellen France, MacKenzie
More informationGuideline Judgments Case Compendium - Update 2: June 2006 CASE NAME AND REFERENCE
SUBJECT CASE NAME AND REFERENCE (A) GENERIC SENTENCING PRINCIPLES Sentence length Dangerousness R v Lang and others [2005] EWCA Crim 2864 R v S and others [2005] EWCA Crim 3616 The CPS v South East Surrey
More information[2001] QCA 54 COURT OF APPEAL. McMURDO P THOMAS JA WILSON J. No 238 of 2000 THE QUEEN. Applicant BRISBANE JUDGMENT
[2001] QCA 54 COURT OF APPEAL McMURDO P THOMAS JA WILSON J No 238 of 2000 THE QUEEN v S Applicant BRISBANE..DATE 21/02/2001 JUDGMENT 1 21022001 T3/FF14 M/T COA40/2001 THE PRESIDENT: Justice Wilson will
More informationCRIMINAL LEGISLATION (AMENDMENT) ACT 1992 No. 2
CRIMINAL LEGISLATION (AMENDMENT) ACT 1992 No. 2 NEW SOUTH WALES 1. Short title 2. Commencement 3. Amendments 4. Explanatory notes TABLE OF PROVISIONS SCHEDULE 1 AMENDMENT OF CRIMES ACT 1900 NO. 40 SCHEDULE
More informationIN THE HIGH COURT OF SOUTH AFRICA, PIETERMARITZBURG REPUBLIC OF SOUTH AFRICA AR 115/10 In the matter between:
IN THE HIGH COURT OF SOUTH AFRICA, PIETERMARITZBURG REPUBLIC OF SOUTH AFRICA AR 115/10 In the matter between: RONSON PILLAY APPELLANT v THE STATE RESPONDENT JUDGMENT ON SENTENCE Date of hearing: 28 June
More informationNEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2017] NZLCDT 39 LCDT 023/17. The Lawyers and Conveyancers Act 2006
NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2017] NZLCDT 39 LCDT 023/17 UNDER The Lawyers and Conveyancers Act 2006 BETWEEN HAWKE S BAY STANDARDS COMMITTEE Applicant AND KRIS ANTHONY DENDER
More informationIN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY CRI [2015] NZHC 81. Appellant. NEW ZEALAND POLICE Respondent (ORAL) JUDGMENT OF FAIRE J
IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY CRI-2014-463-95 [2015] NZHC 81 BETWEEN AND PETER BILL GRAY Appellant NEW ZEALAND POLICE Respondent Hearing: 4 February 2015 Counsel: M McGhie for appellant
More informationNOTE: PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 139 CRIMINAL JUSTICE ACT 1985.
NOTE: PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 139 CRIMINAL JUSTICE ACT 1985. IN THE COURT OF APPEAL OF NEW ZEALAND CA142/07 [2007] NZCA 424 THE QUEEN v GEORGE DARREN
More informationThe NSW Child Protection Register
The NSW Child Protection Register Ongoing consequences of child sex offences and offences relating to non-compliance Two Acts in NSW have established a Child Protection Register and create orders which
More informationA PRACTITIONER Practitioner
NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2015] NZLCDT 44 LCDT 003/15 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN THE CANTERBURY STANDARDS COMMITTEE (No 1) Applicant
More informationLondon Criminal Courts Solicitors Association. Response to the Sentencing Advisory Panel Consultation Paper on Bail Act Offences
London Criminal Courts Solicitors Association Response to the Sentencing Advisory Panel Consultation Paper on Bail Act Offences 1 The London Criminal Courts Solicitors Association (LCCSA) represents the
More informationBladed Articles and Offensive Weapons
Bladed Articles and Offensive Weapons DEFINITIVE GUIDELINE Definitive Guideline Contents Applicability of guideline 2 Bladed Articles and Offensive Weapons 3 Possession Bladed Articles and Offensive Weapons
More informationGovernment Response to the Bail Review (Advice provided by the Hon Paul Coghlan QC on 3 April 2017)
Government Response to the Bail Review (Advice provided by the Hon Paul Coghlan QC on 3 April 2017) No. Recommendation Government Response Additional comments Chapter 3: Purpose of the Bail Act 1. That
More informationin partnership, challenging DOMESTIC ABUSE
in partnership, challenging DOMESTIC ABUSE Joint Protocol Between Association Of Chief Police Officers In Scotland (ACPOS) and Crown Office And Procurator Fiscal Service (COPFS) DOMESTIC ABUSE PURPOSE
More informationJOEL DYLAN BOWLIN Applicant. THE QUEEN Respondent. Harrison, Fogarty and Dobson JJ JUDGMENT OF THE COURT
23 April 2015 at 8 am - DRAFT IN THE COURT OF APPEAL OF NEW ZEALAND CA686/2014 [2015] NZCA 137 BETWEEN AND JOEL DYLAN BOWLIN Applicant THE QUEEN Respondent Hearing: 5 March 2015 Court: Counsel: Judgment:
More informationCROWN LAW VICTIMS OF CRIME GUIDANCE FOR PROSECUTORS
CROWN LAW VICTIMS OF CRIME As at 6 December 2014 CONTENTS Purpose... 1 Victims of Crime... 1 Principles... 1 Role of Prosecutor... 1 Information about Proceedings... 2 Assistance for Victims... 2 Vulnerable
More informationAppendix 2 Law on sexual offences Introduction Sexual assault Age of consent
Appendix 2 Law on sexual offences Introduction A2.1 This chapter examines the legal framework within which allegations of child sexual abuse have been investigated, prosecuted and adjudicated upon in the
More informationTHE QUEEN TOKO MARCUS PEARSON. Guilty SENTENCE OF MACKENZIE J
IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY CRI-2004-070-4342 THE QUEEN 0 V TOKO MARCUS PEARSON Charges: Pleas: Counsel: Sentence: I. Burglary 2. Injuring with intent to cause grievous bodily harm
More informationI TE KŌTI MATUA O AOTEAROA WHANGANUI ROHE CRI [2018] NZHC 770. Appellant. THE QUEEN Respondent
IN THE HIGH COURT OF NEW ZEALAND WHANGANUI REGISTRY I TE KŌTI MATUA O AOTEAROA WHANGANUI ROHE CRI-2018-483-1 [2018] NZHC 770 BETWEEN AND RUBEN HAWEA Appellant THE QUEEN Respondent Hearing: 17 April 2018
More informationSentencing Act Examinable excerpts of PART 1 PRELIMINARY. 1 Purposes
Examinable excerpts of Sentencing Act 1991 as at 10 April 2018 1 Purposes PART 1 PRELIMINARY The purposes of this Act are (a) to promote consistency of approach in the sentencing of offenders; (b) to have
More informationCrimes (Sentencing Procedure) Act 1999 No 92
New South Wales Crimes (Sentencing Procedure) Act 1999 No 92 Summary of contents Part 1 Preliminary Part 2 Penalties that may be imposed Division 1 General Division 2 Alternatives to full-time detention
More informationORDER PROHIBITING PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF APPELLANT PURSUANT TO S 140 CRIMINAL JUSTICE ACT 1985.
ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF APPELLANT PURSUANT TO S 140 CRIMINAL JUSTICE ACT 1985. NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING
More informationFIFTH SECTION. CASE OF C. v. IRELAND. (Application no /08) JUDGMENT STRASBOURG. 1 March 2012
FIFTH SECTION CASE OF C. v. IRELAND (Application no. 24643/08) JUDGMENT STRASBOURG 1 March 2012 This judgment is final. It may be subject to editorial revision. C. v. IRELAND JUDGMENT 1 In the case of
More informationBOON GUNN HONG Practitioner
NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2015] NZLCDT 37 LCDT 025/12 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN LEGAL COMPLAINTS REVIEW OFFICER Applicant AND BOON
More informationIN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CRI [2014] NZHC CHANTELL PENE NGATIKAI Appellant
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CRI 2014-004-000413 [2014] NZHC 3294 BETWEEN AND CHANTELL PENE NGATIKAI Appellant NEW ZEALAND POLICE Respondent Hearing: 16 December 2014 Appearances:
More informationCHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT Appellant. ALAVINE FELIUIA LIU Respondent. Randerson, Harrison and Miller JJ
IN THE COURT OF APPEAL OF NEW ZEALAND CA754/2012 [2014] NZCA 37 BETWEEN AND CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT Appellant ALAVINE FELIUIA LIU Respondent Hearing: 5 February
More informationThe Queen. - v - DYLAN JACKSON. Sentencing Remarks of the Hon. Mr. Justice Picken. 10 December 2015
In the Crown Court at Nottingham The Queen - v - DYLAN JACKSON Sentencing Remarks of the Hon. Mr. Justice Picken 10 December 2015 1. After a trial lasting some eleven days or so including jury deliberations,
More informationCriminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court
Criminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court Contents Part 1 Underpinning knowledge...3 1.1 An understanding
More informationIN THE COURT OF APPEAL OF NEW ZEALAND CA198/2016 [2017] NZCA 404. GEORGE CHARLIE BAKER Appellant. THE QUEEN Respondent. Hearing: 31 July 2017
NOTE: DISTRICT COURT ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF COMPLAINANT IN OFFENDING OF 27 AUGUST 2009 REMAINS IN FORCE. IN THE COURT OF APPEAL OF NEW
More informationIN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY CRI [2014] NZHC 3274 TELEISHA MCLAREN. S N McKenzie for Crown
IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY CRI-2014-425-000043 [2014] NZHC 3274 TELEISHA MCLAREN v Hearing: 15 December 2014 R Appearances: H T Young for Appellant S N McKenzie for Crown Judgment:
More informationS G C. Reduction in Sentence. for a Guilty Plea. Definitive Guideline. Sentencing Guidelines Council
S G C Sentencing Guidelines Council Reduction in Sentence for a Guilty Plea Definitive Guideline Revised 2007 FOREWORD One of the first guidelines to be issued by the Sentencing Guidelines Council related
More informationAnnex C: Draft guideline
Bladed Articles and Offensive Weapons Guideline Consultation 43 Annex C: Draft guideline POSSESSION Bladed Articles and Offensive Weapons Possession Possession of an offensive weapon in a public place
More informationThis overview was originally prepared by the Department of Justice and Regulation and is reprinted here with its kind permission.
(Stage One) Act 2017 Overview of changes commencing 21 May 2018 All section references are to the Act 1977, unless otherwise indicated. This overview was originally prepared by the Department of Justice
More informationAppellant. THE QUEEN Respondent. Harrison, Goddard and Andrews JJ JUDGMENT OF THE COURT
DRAFT IN THE COURT OF APPEAL OF NEW ZEALAND CA761/2013 [2014] NZCA 375 BETWEEN AND BENJAMIN VAINU Appellant THE QUEEN Respondent Hearing: 29 July 2014 Court: Counsel: Judgment: Harrison, Goddard and Andrews
More informationIN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY CIV [2016] NZHC SHAUN JOHN BOLTON Appellant
IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY CIV-2016-409-000046 [2016] NZHC 1297 BETWEEN AND SHAUN JOHN BOLTON Appellant NEW ZEALAND POLICE Respondent Hearing: 14 June 2016 Appearances: D J
More informationSubject: Offences Committed Against Peace Officers Date: October 2015
Manitoba Department of Justice Prosecutions Policy Directive Guideline No. 2:PRO:1 Subject: Offences Committed Against Peace Officers Date: October 2015 POLICY STATEMENT: Peace officers are on the front
More informationSimple Cautions for Adult Offenders
Simple Cautions for Adult Offenders Commencement date: 8 th April 2013 Contents Introduction... 4 Aims and purpose of the simple caution for adult offenders scheme... 4 Overview of the scheme... 4 SECTION
More informationSexual Offences Definitive Guideline DEFINITIVE GUIDELINE
Sexual Offences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 7 Rape and assault offences 9 Rape 9 Sexual Offences Act 2003 (section 1) Assault by penetration 13 Sexual
More informationPROCEDURE Simple Cautions. Number: F 0102 Date Published: 9 September 2015
1.0 Summary of Changes This procedure has been updated on its yearly review as follows: Included on the new Force procedure template; Amended throughout to reflect Athena; Updated in section 3.8 for OIC
More informationCRIMES AMENDMENT (SEXUAL OFFENCES) BILL 2008
Full Day Hansard Transcript (Legislative Council, 26 November 2008, Proof) Proof Extract from NSW Legislative Council Hansard and Papers Wednesday, 26 November 2008 (Proof). CRIMES AMENDMENT (SEXUAL OFFENCES)
More informationAppellant. THE QUEEN Respondent. Miller, Ronald Young and Clifford JJ JUDGMENT OF THE COURT REASONS OF THE COURT. (Given by Miller J)
IN THE COURT OF APPEAL OF NEW ZEALAND CA790/2013 [2014] NZCA 106 BETWEEN AND UGESH DUTT Appellant THE QUEEN Respondent Hearing: 4 March 2014 Court: Counsel: Judgment: Miller, Ronald Young and Clifford
More informationDEFINITIVE GUIDELINE. Sexual Offences Definitive Guideline
DEFINITIVE GUIDELINE Sexual Offences Definitive Guideline Contents Applicability of guideline 7 Rape and assault offences 9 Rape Sexual Offences Act 2003 (section 1) 9 Assault by penetration Sexual Offences
More informationSUPREME COURT OF QUEENSLAND
SUPREME COURT OF QUEENSLAND CITATION: R v Puchala [03] QCA 5 PARTIES: R v PUCHALA, Paul (appellant) PUCHALA, Matthew (appellant) FILE NO/S: CA No 332 of 03 CA No 334 of 03 DC No 352 of 03 DIVISION: Court
More informationBail Amendment Bill 2012
Bail Amendment Bill 2012 4 May 2012 Attorney-General Bail Amendment Bill 2012 PCO15616 (v6.2) Our Ref: ATT395/171 1. I have reviewed this Bill for consistency with the New Zealand Bill of Rights Act 1990.
More informationSchedule 10, Immigration Act 2016
Schedule 10, Immigration Act 2016 March 2019 Commencement: 15 January 2018 Schedule 10 repeals and replaces Schedules 2 and 3 of the Immigration Act 1971 removes or changes the power of temporary admission
More informationConduct and Competence Committee Substantive Meeting 23 December 2015 at 2 Stratford Place, Montfichet Road, London, E20 1EJ
Conduct and Competence Committee Substantive Meeting 23 December 2015 at 2 Stratford Place, Montfichet Road, London, E20 1EJ Name of Registrant Nurse: NMC PIN: Richard James Rees 01I2055E Part(s) of the
More informationIN THE SUPREME COURT OF NEW ZEALAND SC 60/2017 [2017] NZSC 119. VILIAMI ONE FUNGAVAKA Applicant. THE QUEEN Respondent
IN THE SUPREME COURT OF NEW ZEALAND SC 60/2017 [2017] NZSC 119 BETWEEN AND VILIAMI ONE FUNGAVAKA Applicant THE QUEEN Respondent Court: Counsel: Glazebrook, OʼRegan and Ellen France JJ M I Koya for Applicant
More informationPolice Detention Legal Assistance Service
April 2018 Police Detention Legal Assistance Service Operational policy Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry
More informationHIGH COURT (BISHO) JUDGMENT. This is an appeal against the refusal of the regional magistrate, who
HIGH COURT (BISHO) CASE NO. 329/99 In the matter between AYANDA RUNGQU 1 s t Appellant LUNGISA KULATI 2 nd Appellant and THE STATE Respondent JUDGMENT EBRAHIM J: This is an appeal against the refusal of
More informationISSUES. Saskatoon Criminal Defence Lawyers Association December 1, Fall Seminar, 1998: Bail Hearings and Sentencing. Prepared by: Andrew Mason
SENTENCING ISSUES Saskatoon Criminal Defence Lawyers Association December 1, 1998 Fall Seminar, 1998: Bail Hearings and Sentencing Prepared by: Andrew Mason Also available to members at the SCDLA Web site:
More informationSEX OFFENDERS (JERSEY) LAW 2010
SEX OFFENDERS (JERSEY) LAW 2010 Revised Edition Showing the law as at 1 January 2017 This is a revised edition of the law Sex Offenders (Jersey) Law 2010 Arrangement SEX OFFENDERS (JERSEY) LAW 2010 Arrangement
More informationDomestic Abuse (Scotland) Bill [AS PASSED]
Domestic Abuse (Scotland) Bill [AS PASSED] CONTENTS Section PART 1 OFFENCE AS TO DOMESTIC ABUSE Engaging in course of abusive behaviour 1 Abusive behaviour towards partner or ex-partner 2 What constitutes
More informationPUBLIC RECORD. Record of Determinations. Medical Practitioner: Dates: 26/07/ /07/2018. GMC reference number: Tyne
PUBLIC RECORD Dates: 26/07/2018-27/07/2018 Medical Practitioner s name: Dr Neil Ineson GMC reference number: 2431350 Primary medical qualification: Type of case New - Conviction / Caution MB BS 1978 University
More informationGuidebook for Sentence Appeals
Guidebook for Sentence Appeals STEP 1: Reasons to Appeal 1.1 Before you start This online guide explains how to appeal a sentence (imposed for a conviction for an indictable offence) on your own. Before
More informationThe Code. for Crown Prosecutors
The Code for Crown Prosecutors January 2013 Introduction 1.1 The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences
More informationBE it enacted by the King's Most Excellent Majesty, by and with
Act No. 16, 1912. An Act to establish a court of criminal appeal; to amend the law relating to appeals in criminal cases ; to provide for better consideration of petitions of convicted persons ; to amend
More informationCrimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 No 90
New South Wales Crimes (Sentencing Procedure) Amendment (Standard Minimum Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 and other Acts 2 Schedules
More informationSUPREME COURT OF QUEENSLAND
SUPREME COURT OF QUEENSLAND CITATION: R v Jones [2008] QCA 181 PARTIES: R v JONES, Matthew Kenneth (applicant/appellant) FILE NO/S: CA No 73 of 2008 DC No 58 of 2008 DIVISION: PROCEEDING: ORIGINATING COURT:
More informationNursing and Midwifery Council:
Nursing and Midwifery Council Fitness to Practise Committee Substantive Hearing 26 January 2018 Nursing and Midwifery Council, 61 Aldwych, London WC2B 4AE Name of Registrant Nurse: Mr Richard Imperio NMC
More informationJAMAICA. JEROME ARSCOTT v R. 10 November [1] On 10 February 2011, a young lady went home to find a group of police and
[2014] JMCA Crim 52 JAMAICA IN THE COURT OF APPEAL RESIDENT MAGISTRATES CRIMINAL APPEAL NO 21/2013 BEFORE: THE HON MR JUSTICE DUKHARAN JA THE HON MRS JUSTICE McINTOSH JA THE HON MR JUSTICE BROOKS JA JEROME
More information(2) In this Act references to category 1 territories are to the territories designated for the purposes of this Part.
United Kingdom Extradition Act An Act to make provision about extradition. November 20, 2003, Date-In-Force BE IT ENACTED by the Queen s most Excellent Majesty, by and with the advice and consent of the
More informationCRIMES (AMENDMENT) ACT 1989 No. 198
CRIMES (AMENDMENT) ACT 1989 No. 198 NEW SOUTH WALES TABLE OF PROVISIONS 1. Short title 2. Commencement 3. Amendment of Crimes Act 1900 No. 40 ASSAULT SCHEDULE 2 - AMENDMENTS RELATING TO PENALTIES CRIMES
More informationRECOMMENDATION FOR DEPORTATION FOLLOWING A CRIMINAL CONVICTION
RECOMMENDATION FOR DEPORTATION FOLLOWING A CRIMINAL CONVICTION About the LCCSA The London Criminal Courts Solicitors Association (LCCSA) represents the interests of specialist criminal lawyers in the London
More informationIN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY CRI [2015] NZHC MITCHELL DUDGEON MCLEISH Appellant
IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY CRI-2015-409-000048 [2015] NZHC 1610 BETWEEN AND MITCHELL DUDGEON MCLEISH Appellant NEW ZEALAND POLICE Respondent Hearing: 9 July 2015 Appearances:
More informationNEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL. Decision No. [2009] NZLCDT 15 LCDT 09/09. IN THE MATTER of the Law Practitioners Act 1982
NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL Decision No. [2009] NZLCDT 15 LCDT 09/09 IN THE MATTER of the Law Practitioners Act 1982 BETWEEN AUCKLAND DISTRICT LAW SOCIETY Applicant AND EMMA
More informationB e f o r e: LADY JUSTICE SHARP DBE MR JUSTICE HOLROYDE. HIS HONOUR JUDGE LAKIN (Sitting as a Judge of the CACD) R E G I N A DENNIS OBASI
Neutral Citation Number: [2014] EWCA Crim 581 No: 2013/6480/A6 IN THE COURT OF APPEAL CRIMINAL DIVISION Royal Courts of Justice Strand London, WC2A 2LL Friday, 14 March 2014 B e f o r e: LADY JUSTICE SHARP
More informationCriminal Law (High Risk Offenders) Act 2015
Version: 9. 7. 2015 Act uncommenced South Australia Criminal Law (High Risk Offenders) Act 2015 An Act to provide for the making of extended supervision orders and continuing detention orders in relation
More informationJUSTICES CLERKS SOCIETY SENIOR DISTRICT JUDGE (CHIEF MAGISTRATE)
Senior District Judge (Chief Magistrate) JUSTICES CLERKS SOCIETY SENIOR DISTRICT JUDGE (CHIEF MAGISTRATE) Youth Court Jurisdiction The Modern Approach July 2015 This is the joint advice of the Justices'
More informationJustice Sector Outlook
Justice Sector Outlook March 216 quarter Contents Summary of the current quarter 1 Environmental factors are mixed 2 Emerging risks of upwards pipeline pressures 3 Criminal justice pipeline 4 Pipeline
More informationCriminal Procedure (Reform and Modernisation) Bill 2010
Digest No. 1819 Criminal Procedure (Reform and Modernisation) Bill 2010 Date of Introduction: 15 November 2010 Portfolio: Select Committee: Published: 18 November 2010 by John McSoriley BA LL.B, Barrister,
More informationBreach Offences Guideline Consultation 61. Annex C: ANNEX C. Draft guidelines. Breach of a Community Order Criminal Justice Act 2003 (Schedule 8)
Breach Offences Guideline Consultation 61 Annex C: Draft guidelines Breach of a Community Order Criminal Justice Act 2003 (Schedule 8) 62 Breach Offences Guideline Consultation Breach of Community Order
More informationCREATIVE SENTENCING Capital Sentencing Techniques for Your Non-Capital Client
CREATIVE SENTENCING Capital Sentencing Techniques for Your Non-Capital Client Kathryn Kase Executive Director Texas Defender Service Your Most Difficult Client... Describe him without reference to the
More information[2017] QCA 293 COURT OF APPEAL GOTTERSON JA MORRISON JA HENRY J. CA No 153 of 2017 SC No 6 of 2017 THE QUEEN BRISBANE WEDNESDAY, 29 NOVEMBER 2017
[2017] QCA 293 COURT OF APPEAL GOTTERSON JA MORRISON JA HENRY J CA No 153 of 2017 SC No 6 of 2017 THE QUEEN v BULL, Bradley Joseph Applicant BRISBANE WEDNESDAY, 29 NOVEMBER 2017 JUDGMENT MORRISON JA: Mr
More informationTHE CROWN JUNIOR SAMI. NOTES OF JUDGE FWM McELREA ON SENTENCING
IN THE DISTRICT COURT AT AUCKLAND THE CROWN v JUNIOR SAMI Hearing: 14 October 2005 Appearances: S McColgan for the Crown J Edgar for the Defendant NOTES OF JUDGE FWM McELREA ON SENTENCING [1] The defendant,
More informationThe Criminal Justice System: From Charges to Sentencing
The Criminal Justice System: From Charges to Sentencing The Key Principles The aim the system is to protect and to regulate society, to punish offenders and to offer rehabilitation; The Government, through
More informationPROTECTION OF CHILDREN AND PREVENTION OF SEXUAL OFFENCES (SCOTLAND) ACT 2005
Explanatory Notes to Protection Of Children And Prevention Of Sexual Offences (Scotland) Act 2005 2005 Chapter 9 Crown Copyright 2005 Explanatory Notes to Acts of the Scottish Parliament are subject to
More informationIN THE COURT OF APPEAL OF THE REPUBLIC OF BOTSWANA HELD AT LOBATSE CLCLB In the matter between: CHRISTOPHER KETLWAELETSWE And THE STATE
IN THE COURT OF APPEAL OF THE REPUBLIC OF BOTSWANA HELD AT LOBATSE CLCLB-066-06 In the matter between: CHRISTOPHER KETLWAELETSWE And THE STATE APPELLANT RESPONDENT Mr. Attorney P.A. Kgalemang for the Appellant
More informationSUPREME COURT OF QUEENSLAND
SUPREME COURT OF QUEENSLAND CITATION: R v Kelly [2018] QCA 307 PARTIES: R v KELLY, Mark John (applicant) FILE NO/S: CA No 297 of 2017 DC No 1924 of 2017 DIVISION: PROCEEDING: ORIGINATING COURT: Court of
More informationI TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE CRI [2017] NZHC 2279 THE QUEEN PATRICK DIXON
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE CRI-2016-092-012355 [2017] NZHC 2279 THE QUEEN v PATRICK DIXON Hearing: 20 September 2017 Counsel: L P
More informationLegal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No 4 and Saving Provisions) Order 2012
Page 1 2012 (Commencement No 4 and Saving Provisions) Order 2012 (SI 2012/2906) 2012 No 2906 (C 114) CRIMINAL LAW, ENGLAND AND WALES DEFENCE Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement
More informationNOT DESIGNATED FOR PUBLICATION. No. 112,631 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, TONY PULLEY, Appellant.
NOT DESIGNATED FOR PUBLICATION No. 112,631 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. TONY PULLEY, Appellant. MEMORANDUM OPINION Appeal from Wyandotte District Court;
More informationOverarching Principles Sentencing Youths
Appendix Sentencing Guidelines Council Overarching Principles Sentencing Youths Definitive Guideline1 1. 2009 Sentencing Guidelines Council. Reproduced by kind permission. 230 Youth Justice and The Youth
More informationPenalties and Sentences Act 1985
Penalties and Sentences Act 1985 No. 10260 TABLE OF PROVISIONS Section 1. Purposes. 2. Commencement. 3. Definitions. PART 1 PRELIMINARY PART 2 GENERAL SENTENCING PROVISIONS 4. Court may take guilty plea
More informationCase Study General Principle 6
Case Study General Principle 6 Publications must take reasonable steps to: Avoid causing or contributing materially to substantial offence, distress or prejudice, or a substantial risk to health or safety,
More informationJUDGMENT. Zakrzewski (Respondent) v The Regional Court in Lodz, Poland (Appellant)
Hilary Term [2013] UKSC 2 On appeal from: [2012] EWHC 173 JUDGMENT Zakrzewski (Respondent) v The Regional Court in Lodz, Poland (Appellant) before Lord Neuberger, President Lord Kerr Lord Clarke Lord Wilson
More information