| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA299/2022 [2022] NZCA 451 |
| BETWEEN | SHEAL HERMAN BANGERA |
| AND | THE KING |
| Hearing: | 22 August 2022 |
Court: | Goddard, Brewer and Edwards JJ |
Counsel: | S D Cassidy for Appellant |
Judgment: | 23 September 2022 at 11.00 am |
JUDGMENT OF THE COURT
The appeal is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Brewer J)
Introduction
Mr Bangera appeals the refusal of Campbell J to grant him permanent name suppression.[1]
[1]R v Bangera [2022] NZHC 1366 [High Court judgment].
At the commencement of his judgment Campbell J sets out succinctly the background to Mr Bangera’s case and the issues the Judge had to adjudicate:
[1] Mr Sheal Bangera killed his parents and attempted to kill a family friend. As a result, Mr Bangera faced two charges of murder and a charge of attempted murder.
[2] On 23 March 2022, Fitzgerald J said she was satisfied, on the basis of expert evidence, that Mr Bangera was insane[2] at the time of the offending. Accordingly, her Honour found, under s 20 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (CP(MIP) Act), Mr Bangera not guilty of the charges on account of insanity.[3]
[3] The not guilty finding gave rise to an inquiry under s 23 of the CP(MIP) Act. That inquiry has come before me. In short, I have to determine whether Mr Bangera should be detained in hospital as a special patient or whether there is some more suitable method of dealing with him.
[4] In addition, I have to determine whether to grant an application that Mr Bangera has made for permanent name suppression.
[2]Within the meaning of s 23 of the Crimes Act 1961.
[3]R v Bangera HC Auckland CRI-2020-004-2185, 23 March 2022.
Campbell J ruled that Mr Bangera be detained in a hospital as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992. That ruling is accepted by Mr Bangera. However, Mr Bangera sought permanent name suppression (he had interim suppression) on the ground that publication would likely cause him extreme hardship by hindering his rehabilitation and reintegration into the community.
Campbell J held that the consequences to Mr Bangera if his name were published would constitute hardship, but not extreme hardship. The Judge also said that even if extreme hardship was likely he would not grant permanent name suppression because the circumstances, including the principle of open justice, would not “clearly favour” suppression.[4]
The appeal
[4]High Court judgment, above n 1, at [54]–[56].
The principal ground of appeal is that the Judge erred in his assessment of the gravity of the likely consequences for Mr Bangera if his name were to be published. Mr Cassidy, for Mr Bangera, submits that the likely consequences are so grave that they satisfy the test for what constitutes extreme hardship.
Mr Cassidy submits further that the Judge erred in expressing the view that if extreme…
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- AGLC
- Bangera v The the King [2022] NZCA 451
- Case
- [2022] NZCA 451
- Decision Date
CaseChat Overview and Summary
The Court of Appeal held that the threshold of "extreme hardship" under s 200(2) of the Criminal Procedure Act 2011 was a very high one. The court found that the likely consequences of publication on Bangera amounted to hardship, but not extreme hardship. The court agreed with Campbell J that the public interest in open justice should prevail unless the balance clearly favoured suppression. The court also noted that Bangera was a special patient, and had a lengthy period of treatment ahead of him before he would be eligible to move back into the community. Even if there were permanent name suppression, Bangera would still have to deal with people in the community who know about his background.
The appeal was dismissed, and Bangera was not granted permanent name suppression. The court did not extend interim name suppression, as it believed that Bangera should deal with the reality of his background while he was in expert care and had time to prepare for his reintegration with the community.
Orders
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Background
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Evidence
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