Awatere v The Queen
[2018] NZHC 311
•2 March 2018
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-Ā-TARA ROHE
CRI 2018-485-9
[2018] NZHC 311
BETWEEN WAINUI AWATERE
Appellant
AND
THE QUEEN
Respondent
Hearing: 27 February 2018 Counsel:
C Thorburn and D Ewen for Appellant S Carter for Respondent
Judgment:
2 March 2018
RESULTS JUDGMENT OF ELLIS J
[1] Mr Awatere has appealed against his conviction in the Hutt Valley District Court on:1
(a)one charge of breaching a protection order pursuant to s 19 of the Domestic Violence Act 1995; and
(b)one charge of male assaults female pursuant to s 194 of the Crimes 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.
AWATERE v R [2018] NZHC 311 [2 March 2018]
[4] Counsel are agreed that Mr Awatere should be remanded in custody to appear in the Hutt Valley District Court on 12 March 2018, at which time a fixture date for his retrial will likely be set. I make that direction. The issue of bail can be addressed by the District Court on that day, unless an earlier application is made.
Rebecca Ellis J
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