C v Police

[2021] NZHC 3560

ORDER PROHIBITING PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF THE PARTIES AND THE CHILD(REN).

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CRI-2021-485-55

[2021] NZHC 3560

BETWEEN

C

Applicant

AND

NEW ZEALAND POLICE

Respondent

Hearing:

1 December 2021

Counsel:

C J Tennet for the Applicant

H R Hancock for the Respondent

Judgment:

20 December 2021

JUDGMENT OF GWYN J

[1]                 Ms C, the applicant, was convicted on 8 March 1996 in the Wellington District Court, after pleading guilty to a charge of being a party to unlawful sexual intercourse with a girl aged 12-16 years.1 Ms C was sentenced on 18 April 1996 to a six-month suspended prison sentence and six months supervision. She now applies for an extension of time within which to appeal her conviction and/or appeal against sentence, seeking a discharge without conviction. Ms C also seeks permanent name suppression.

1      Crimes Act 1961, s 134(1) and s 66(1).

C v NEW ZEALAND POLICE [2021] NZHC 3560 [20 December 2021]

Background facts

[2]                 The summary of facts records that at the relevant times Ms C worked part time at a retail store where her then partner, Mr H, worked as a manager. The victim (A) also worked full time at the store. A was aged 15 at the time.

[3]The summary of facts records:

On Saturday 10 February 1996, the victim was invited to a party with both defendants at a local hall.

The victim, not accustomed to drinking, had several bottles of beer, and became quite intoxicated.

After the party, at approximately 11.30 pm, the defendants took the victim back to their flat.

[H]  undressed  the  victim,  and  then  undressed  the  defendant  [C].    [H] undressed himself and all three then got into bed.

[H] then got the victim to commit indecencies upon [C], while he watched.

[C] then instructed the victim to have intercourse with [H].

[H] then applied KY jelly to his penis, and had sexual intercourse with the victim, while [C] fondled the victim’s breasts. [H] did not use a condom.

Some time later, the victim went to the bathroom, and realised that the room was spinning, due to her level of intoxication.

She returned to bed, and [H] again had intercourse with her.

All three fell asleep, and were woken at approximately 5.30 am, by a friend of the victim’s who was looking for her.

Both defendant were spoken to by Police some days later. They admitted the fact as outlined.

In explanation, they stated that the victim was a willing party throughout the entire night, and that nothing would have happened had she not wanted it to.

[4]                 In her statement to police, A said that she had met both Ms C and Mr H soon after she started working at the store. She said Ms C had offered her the chance to be their nanny and to live with her and Mr H and offered to pay for her to go…