IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2018-404-339
[2019] NZHC 225
BETWEEN NATHAN ROBERT ARAMOANA
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 12 February 2019 Counsel:
J M Grainger for Appellant M J Mortimer for Respondent
Judgment:
21 February 2019
JUDGMENT OF THOMAS J
This judgment was delivered by me on 21 February 2019 at 3.00 pm pursuant to
Rule 11.5 of the High Court Rules.
Registrar/ Deputy Registrar
Solicitors:
Public Defence Service, Auckland for Appellant
Crown Solicitor’s Office, Auckland for Respondent
ARAMOANA v NEW ZEALAND POLICE [2019] NZHC 225 [21 February 2019]
[1] The appellant, Mr Aramoana, was convicted in the Auckland District Court of theft under $5001 on 10 October 2018.2 He appeals his conviction on the basis the Judge erred by concluding Mr Aramoana was the offender based on:
(a)inadmissible hearsay evidence; and
(b)inadmissible visual identification evidence.
Factual background
[2] On 2 September 2017, the complainant was at a restaurant with her husband while her car was parked in the restaurant carpark for around 45 minutes. At around
11.00 pm, they left the bar and she saw a white Toyota parked near her car. There was a man in her car “with his legs outside” of it.3 As the couple approached her car, the white Toyota beeped its horn, and the man jumped out of the back seat of her car. The man passed within a couple of metres of the complainant before jumping into the white Toyota and driving away.
[3] The complainant viewed the CCTV footage from the restaurant and identified the person whom she said she saw in her car as well as the white Toyota. No car number plate was visible. She later discovered that several bags and a laptop had been taken from her car.
[4] The complainant gave a statement to the police that night, and Constable Bullock made inquiries the next day. He read the reports of overnight activity by the police. Constable Bullock said a “staff member” had recognised the man identified by the complainant in the CCTV images from “a previous job”. That staff member had provided a registration number for that man’s car. The Constable then performed a check for the registered owner of the car. He then viewed an image of the owner of the car and compared it to the CCTV image from the night of the offence. Believing the owner of the car and the offender in the CCTV images identified by the complainant were the same person, on 2 October 2017 he undertook a visual
1 Crimes Act 1961, ss 219 and 223(c); maximum sentence of 1 year imprisonment.
2 Police v Aramoana [2018] NZDC 22623.
3 At [1].
identification process with the complainant. Constable Bullock showed the complainant a board with photographs of the faces of eight men, including Mr Aramoana (the photo montage). The complainant selected Mr Aramoana as the person she had seen in her car that night.
District…
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