R v CHASE [2016] NZHC 2665

R v CHASE [2016] NZHC 2665

On careful assessment of all evidence the complainant was found credible and her accounts corroborated by contemporaneous medical and police records plus multiple independent witnesses and propensity/relationship evidence; where the Crown proved each element of offences beyond reasonable doubt the defendant was convicted; on close issues the accused benefited from reasonable doubt and was acquitted on those counts.

Citation
[2016] NZHC 2665
Parties
Prosecutor: The Queen; Defendant: Hoani John Chase; Complainant: [REDACTED]; Complainant's Son: [REDACTED]
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 November 2016
Procedural Posture
Criminal (judge Alone Trial) / Verdicts Delivered; Remanded for Sentencing
Outcome
Convictions entered on multiple sexual, violent and related charges as listed; acquittals on specified charges; defendant remanded in custody for sentencing; three strikes warning given; preventive detention assessments ordered and pre-sentence report called for.
Legal Topics
Rape, Wounding, Assault, Threats to Kill, Kidnapping, Burglary, Possession of Explosives, Propensity Evidence, Delayed Complaints, Three Strikes Warning, Preventive Detention
Criminal Law Family Violence Sexual Offences Property Offences Firearms Law Rape Wounding Assault +8 more

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Parties

The Queen

Prosecutor

Hoani John Chase

Defendant

[REDACTED]

Complainant

[REDACTED]

Complainant's Son

Procedural Posture

Criminal (judge Alone Trial) / Verdicts Delivered; Remanded for Sentencing

Legal Issues

  1. 1 Whether Crown proved guilt beyond reasonable doubt on each charge
  2. 2 Assessment of complainant and defendant credibility
  3. 3 Admissibility and weight of propensity/relationship evidence

Ratio Decidendi

On careful assessment of all evidence the complainant was found credible and her accounts corroborated by contemporaneous medical and police records plus multiple independent witnesses and propensity/relationship evidence; where the Crown proved each element of offences beyond reasonable doubt the defendant was convicted; on close issues the accused benefited from reasonable doubt and was acquitted on those counts.

Court Disposition

Convictions entered on multiple sexual, violent and related charges as listed; acquittals on specified charges; defendant remanded in custody for sentencing; three strikes warning given; preventive detention assessments ordered and pre-sentence report called for.

Orders

  • Convicted of charges: 1,2,5,6,7,8,9,10,11,12,13,14,15,16,17,20,21,22,24,25,26,27,28,29,31,32,34,35,37,38 as set out in Reasons and Verdicts
  • Not guilty verdicts and discharges entered on charges: 3,4,23,30,33,36