ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS, OR IDENTIFYING PARTICULARS OF APPELLANT/DEFENDANT PURSUANT TO S 200 CRIMINAL PROCEDURE ACT 2011. SEE
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2019-404-000457
[2019] NZHC 3412
BETWEEN A
Appellant
AND
THE QUEEN
Respondent
Hearing: 17 December 2019 Appearances:
P Hamlin for the Appellant E Smith for the Respondent
Judgment:
19 December 2019
JUDGMENT OF WOOLFORD J
This judgment was delivered by me on Thursday, 19 December 2019 at 9:00 am
Registrar/Deputy Registrar
Solicitors: Meredith Connell (Office of the Crown Solicitor), Auckland Counsel: Mr P Hamlin, Auckland
A v R [2019] NZHC 3412 [19 December 2019]
Summary
[1] On 4 October 2019, A was sentenced to 10 months’ home detention in the Auckland District Court on charges of:
(a)Doing an indecent act on a young person;
(b)Meeting a young person following sexual grooming;
(c)Exposing a young person to indecent material;
(d)Supplying cannabis to a person under 18 years old (x 2); and
(e)Attempting to pervert the course of justice.
[2] Judge Field declined to make an order placing her on the Child Sex Offender Register as he was of the view that she did not pose an ongoing risk to children, but declined to grant permanent name suppression. This is an appeal against that decision. A bases her appeal on the consequences of publication for her husband (H) and their three teenage children (C1, C2 and C3).
Background
[3] A was a social worker with Oranga Tamariki. The offending occurred after she took over the case of the first complainant aged 15, who lived with the second complainant, aged 14. She visited the address frequently and was in constant contact with the first complainant over a period of weeks.
[4] She supplied both complainants with cannabis. She exchanged nude pictures with the first complainant and requested pictures of his penis. She also met him outside her role as a social worker and kissed him on a number of occasions.
[5] When she found out that the first complainant’s grandfather had gone to the police, she asked him to say that nothing had happened and delete their photos and messages.
District Court Decision
[6] Judge Field noted that the Criminal Procedure Act 2011 was quite clear in its terms and that he had to be satisfied that publication of A’s name would cause extreme hardship to the children. He accepted that there would be stress caused to the children by publication of their mother’s name and that there was already a hint, and perhaps more than a hint, of mental disturbance in the children, as they awaited the outcome of the proceedings.
[7] In the end, the Judge accepted the consequences as outlined, but did believe they could be mitigated with the input of A herself, with appropriate counselling and assistance.
Law
[8] The Court’s power under s 200 of the Criminal Procedure Act 2011 to grant name suppression requires a two-stage analysis.1
[9] First, the…
Continue reading A v The Queen
Sign in free to access the full text
- AGLC
- A v The Queen [2019] NZHC 3412
- Case
- [2019] NZHC 3412
- Decision Date
CaseChat Overview and Summary
The final orders of the Court were that the appeal against the decision of the District Court was allowed, and an order was made forbidding publication of A's name, address, and any details which may identify her pursuant to s 200 of the Criminal Procedure Act 2011.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.