ORDER PROHIBITING PUBLICATION OF NAME(S), ADDRESS(ES), OCCUPATION(S) OR IDENTIFYING PARTICULARS OF
APPELLANT(S)/RESPONDENT(S)/ACCUSED/DEFENDANT(S) PURSUANT TO S 200 CRIMINAL PROCEDURE ACT 2011.
SEE
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI 2023-404-000439
[2023] NZHC 3099
BETWEEN C
Appellant
AND
THE KING
Respondent
Hearing: 30 October 2023 Appearances:
A Bloem for the Appellant
M Mortimer-Wang for the Respondent
Judgment:
2 November 2023
JUDGMENT OF TAHANA J
This judgment was delivered by me on 2 November 2023 at 4.00pm
…………………………
Registrar/Deputy Registrar
Solicitors/Counsel:
Bloem & Associates, Albany
Meredith Connell, Crown Solicitor, Auckland
C v R [2023] NZHC 3099 [2 November 2023]
Introduction
[1] C appeals a decision of Judge P J Sinclair in the Auckland District Court declining his application for permanent name suppression.1
[2] C pleaded not guilty by reason of insanity and was acquitted on four charges of wounding with intent to cause grievous bodily harm and two charges of assault with a weapon. C is subject to a special patient order and is currently in the Mason Clinic.
Background
[3] On 23 June 2022, C, armed with a kitchen knife, rang the doorbell of the first complainant. When she opened the door he rushed at her, stabbing her to the upper chest. C then ran away down the road where he grabbed and tried to stab the second complainant who escaped uninjured.
[4] C continued running and came across the third complainant. The third complainant was walking in the other direction. From behind, C stabbed her once in the back. C then again continued running.
[5] The fourth and fifth complainants were sitting on a park bench overlooking the beach. C approached them from behind and stabbed each of them once in the back.
[6] The sixth complainant was walking along the beach and C lunged towards the complainant as she walked near him. She ran and screamed for help. C ran away but was chased by members of the public and was disarmed and restrained.
[7]C is a 42-year-old male who has not previously appeared before the court.
Grounds of appeal
[8] Two grounds of appeal are advanced. First, that the Judge erred in her assessment of the gravity of the consequences and should have found that publication
1 R v [C][2023] NZDC 16153.
would cause extreme hardship or danger to C’s safety. Second, that the Judge erred in finding that the circumstances of the case do not favour suppression.
Relevant law
[9] C relies on s 200(2)(a) and (e) of the Criminal Procedure Act 2011. Section 200 provides:
Court may suppress identity of defendant
(1)A court may make an order forbidding publication of the name, address, or occupation of a person who is charged with, or convicted or acquitted of, an offence.
(2)The court may make an order under subsection (1) only if the court is satisfied that publication would be likely to:
(a)cause extreme hardship to the person charged with, or convicted of, or acquitted of…
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