New Zealand Case Law: Decisions & Judgments

Topic

Witness intimidation

Legal area

Court

15 Mar 2022

R v KOPUA [2022] NZHC 474

Citation

[2022] NZHC 474
Court

High Court

Alternative mode application granted: s 103 factors satisfied as witnesses feared intimidation and CCTV evidence would not impede trial fairness. Propensity application declined: 2018 convictions did not meet s 40 threshold as demonstrating a relevant tendency to act in the specific violent way alleged in 2021; even if threshold were met probative value was low and unfair prejudice outweighed probative value under s 43.
8 Sept 2020

LOCHHEAD v R [2020] NZHC 2334

Citation

[2020] NZHC 2334
Court

High Court

The High Court concluded the District Court sentence was within the available range and not manifestly excessive: a 20% guilty plea discount and a 15% mental health discount were appropriate; no credit was given for time on restrictive curfew because the appellant reoffended and breached bail; fresh medical records of the victim were not admitted as cogent evidence; appeal dismissed and sentence of 27 months upheld.
2 Jun 2020

PARKES v R [2020] NZCA 203

Citation

[2020] NZCA 203
Court

Court of Appeal

Quantum findings that defendant supplied at least 563.8 grams of methamphetamine were upheld; defendant played a leading wholesale role and, applying Zhang v R, the correct starting point for the drug offending is nine years' imprisonment; the MPI was inappropriate and is quashed; the one year cumulative sentence for attempting to dissuade witnesses remains; extension of time to file appeal granted.
17 Sept 2018

MURREN v SCHAEFFER [2018] NZHC 2442

Citation

[2018] NZHC 2442
Court

High Court

Adjournment refused because the interests of justice favoured proceeding: the action is long-standing, plaintiffs and witnesses had fixed overseas arrangements, the defendant delayed raising alleged threats until late, and alternative steps (filing witness statements and compelling attendance) were available; accordingly the adjournment application failed and costs were awarded to the plaintiffs.
5 Jul 2017

MCQUILKEN v R [2017] NZCA 283

Citation

[2017] NZCA 283
Court

Court of Appeal

The deliberate publicising of a witness statement to gang associates and the significant threatening content justified a very high starting point for attempting to pervert the course of justice, but generous cumulative discounts produced a final sentence of four years which was not manifestly excessive; however one concurrent sentence for receiving stolen property exceeded the statutory maximum and was quashed and substituted with one month imprisonment.

New Zealand Case Law

R v KOPUA [2022] NZHC 474

LOCHHEAD v R [2020] NZHC 2334

PARKES v R [2020] NZCA 203

MURREN v SCHAEFFER [2018] NZHC 2442

MCQUILKEN v R [2017] NZCA 283