RONGONUI V R SC 66/2009

RONGONUI V R SC 66/2009

The Supreme Court allowed the appeal, concluded the convictions were unsafe and set them aside, and ordered a new trial on each count; fuller reasons to follow.

Source-derived case information.

Citation
SC 66/2009
Parties
Appellant: Maia Rongonui; Respondent: The Queen
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
27 November 2009
Procedural Posture
Criminal Appeal to the Supreme Court / Judgment Delivered (reasons Reserved)
Outcome
Appeal allowed; convictions set aside; new trials ordered.
Legal Topics
Sexual Violation by Unlawful Sexual Connection, Assault With Intent to Commit Rape, Conviction Safety, New Trial
Criminal Law Sexual Offences Appellate Procedure Sexual Violation by Unlawful Sexual Connection Assault With Intent to Commit Rape Conviction Safety New Trial

Source-derived case record

Summary, issues, holding and outcome

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Parties

Maia Rongonui

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal to the Supreme Court / Judgment Delivered (reasons Reserved)

Legal Issues

  1. 1 Whether the convictions for sexual violation by unlawful sexual connection and assault with intent to commit rape were safe
  2. 2 Whether the appropriate remedy is to set aside the convictions and order a new trial

Ratio Decidendi

The Supreme Court allowed the appeal, concluded the convictions were unsafe and set them aside, and ordered a new trial on each count; fuller reasons to follow.

Court Disposition

Appeal allowed; convictions set aside; new trials ordered.

Orders

  • Appeal allowed.
  • The convictions entered in the District Court at Christchurch for sexual violation by unlawful sexual connection and assault with intent to commit rape are set aside.