| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA331/2023 [2024] NZCA 95 |
| BETWEEN | TYSON SHANE BROWN |
| AND | THE KING |
| Hearing: | 14 March 2024 |
Court: | Gilbert, Whata and Churchman JJ |
Counsel: | S R Lack for Appellant |
Judgment: | 4 April 2024 at 9.30 am |
JUDGMENT OF THE COURT
The appeal is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Churchman J)
Introduction
Following a two week jury trial in the Auckland High Court, on 21 March 2023 the appellant, Tyson Shane Brown, was convicted of the murder of a two-year-old child, A.
The appellant now appeals his convictions on the grounds that:
(a)The trial Judge erred by failing to give an unreliability direction, pursuant to s 122 of the Evidence Act 2006 (the Act), in relation to the evidence of Ms T.
(b)There has been a miscarriage of justice as a result.
Background
At sentencing, the Judge summarised the facts.[1] In early February 2021, Ms T separated from her then fiancé who was also the father of her 26-month-old daughter, A. In mid-2021, Ms T moved into an address in Weymouth with A. Friends of Ms T, namely KF and JH, later moved into the property and lived in a sleep-out behind the main house.[2]
[2]At [6]–[7].
Mr Brown had known Ms T some years prior, and they re-established contact. Mr Brown began to spend more time with Ms T occasionally staying nights at her address. He was seen by numerous people, including KF and JH, to be verbally abusive towards A. This included yelling at her to be quiet or she would “get it”, and to shut up.[3]
[3]At [7].
Ms T had also faced questions from family members about her care of A. This included inquiries on 22 July 2021 about a cut on the underside of A’s chin, which Ms T explained was from her falling in the shower. Ms T also struck A with her hand across her face and shoulder after A had walked in front of Ms T’s phone camera whilst she was recording a TikTok video on 22 October 2021. On 26 October 2021, KF took photos of A showing bruises, grazes and scratches on A’s face, cheeks, arms and back. On 29 October 2021, Ms T was also seen throwing A into the rear of her car after they were both tested for COVID-19.
On 29 October 2021, Mr Brown tested positive for COVID-19, which meant he was required to isolate at the Weymouth address together with Ms T and A.
The offending
On the morning of 31 October 2021, Ms T and one of the occupants of the sleepout sent a series of messages to each other, which included Ms T stating Mr Brown was stressed about the COVID-19 situation within the household, and that she and Mr Brown had been swearing at one another the previous day, with Mr Brown…
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- AGLC
- Brown v The King [2024] NZCA 95
- Case
- [2024] NZCA 95
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Orders
Orders of the court
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Background
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Evidence
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