AWATERE v R [2018] NZHC 311
The Court allowed the appeal, quashed the convictions and ordered a retrial; formal reasons for the decision were reserved to be provided later.
Source-derived case information.
- Citation
- [2018] NZHC 311
- Parties
- Appellant: Wainui Awatere; Respondent: The Queen
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 2 March 2018
- Procedural Posture
- Criminal — Appeal Against Conviction / Judgment on Appeal
- Outcome
- Appeal allowed; convictions quashed; retrial ordered.
- Legal Topics
- Breach of Protection Order (s 19 Domestic Violence Act 1995), Male Assaults Female (s 194 Crimes Act 1961), Appeal Against Conviction, Retrial
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wainui Awatere
Appellant
The Queen
Respondent
Procedural Posture
Criminal — Appeal Against Conviction / Judgment on Appeal
Legal Issues
- 1 Whether the convictions for breaching a protection order (s 19 Domestic Violence Act 1995) and male assaults female (s 194 Crimes Act 1961) were unsafe
- 2 Whether the appropriate remedy was to quash the convictions and order a retrial
Ratio Decidendi
The Court allowed the appeal, quashed the convictions and ordered a retrial; formal reasons for the decision were reserved to be provided later.
Court Disposition
Appeal allowed; convictions quashed; retrial ordered.
Orders
- Convictions quashed and retrial ordered.
- Appellant remanded in custody to appear in the Hutt Valley District Court on 12 March 2018.
Full Case Text
Judgment text and source record
1 paragraphs
AWATERE v R [2018] NZHC 311 [2 March 2018]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYI TE KŌTI MATUA O AOTEAROATE WHANGANUI-Ā-TARA ROHECRI 2018-485-9[2018] NZHC 311BETWEEN WAINUI AWATEREAppellantAND THE QUEENRespondentHearing: 27 February 2018Counsel: C Thorburn and D Ewen for AppellantS Carter for RespondentJudgment: 2 March 2018RESULTS JUDGMENT OF ELLIS J[1] Mr Awatere has appealed against his conviction in the Hutt Valley DistrictCourt on:1(a) one charge of breaching a protection order pursuant to s 19 of theDomestic Violence Act 1995; and(b) one charge of male assaults female pursuant to s 194 of theCrimes Act 1961.[2] His appeal is allowed. The convictions are quashed and a retrial is ordered.[3] I will issue the reasons for my decision as soon as I am able.1 New Zealand Police v Awatere [2018] NZDC 1226.[4] Counsel are agreed that Mr Awatere should be remanded in custody to appearin the Hutt Valley District Court on 12 March 2018, at which time a fixture date forhis retrial will likely be set. I make that direction. The issue of bail can be addressedby the District Court on that day, unless an earlier application is made._________________________Rebecca Ellis J