IN THE COURT OF APPEAL OF NEW ZEALAND
CA534/2009
CA542/2009
CA583/2009
CA728/2009
[2010] NZCA 244BETWEENRUPINDER SINGH CHAHIL, PARVINDER SINGH, GURPREET SINGH AND CHARANJIT SINGH
Appellants
ANDTHE QUEEN
Respondent
Hearing:6 May 2010
Court:Chambers, Potter and Miller JJ
Counsel:J Haigh QC for Rupinder Singh Chahil
W Lawson for Parvinder Singh
P F Wicks for Gurpreet Singh
S J Lance for Charanjit Singh
M A Woolford for Crown
Judgment:10 June 2010 at 9 am
JUDGMENT OF THE COURT
CA534/2009 (RUPINDER SINGH CHAHIL)
A The appeal against conviction is allowed but only to the extent that the conviction for aggravated wounding is quashed.
B No order is made for retrial on the aggravated wounding charge.
C The appeal against sentence is allowed.
DIn place of the sentences of two years’ imprisonment on the kidnapping charges, we impose the following sentences:
(a) Mr Chahil must pay reparation of $5,000 to Bashan Singh in one lump sum immediately.
(b) Eighteen months’ imprisonment on each of the kidnapping charges, those terms to be concurrent.
E Mr Chahil must present himself to the Criminal Desk at the Auckland High Court by no later than noon on 14 June 2010 to commence his sentence of imprisonment.
CA542/2009 (PARVINDER SINGH)
F The appeal against conviction is allowed but only to the extent that the conviction for aggravated wounding is quashed.
G No order is made for retrial on the aggravated wounding charge.
H The appeal against sentence is allowed.
I The sentences of imprisonment imposed on the kidnapping charges are quashed.
JOn the kidnapping charges, Parvinder Singh is sentenced to home detention for six months, the sentences to be concurrent. The sentence is subject to the following conditions:
(a) Parvinder Singh must be at 23 Tiverton Road, New Windsor, Auckland at noon on 11 June 2010 to start his sentence of home detention.
(b)He must reside at 23 Tiverton Road, New Windsor, Auckland or at an address approved by the Home Detention Probation Officer.
(c)He must not engage or continue to engage in any employment or occupation in which the Home Detention Probation Officer has directed him not to engage or continue to engage.
(d) He must not associate directly or indirectly with any persons with whom the Home Detention Probation Officer has directed him not to associate.
(e) He must undertake counselling or treatment or a programme if directed by the Home Detention Probation Officer.
CA583/2009 (GURPREET SINGH)
K The appeal is dismissed.
CA728/2009 (CHARANJIT SINGH)
L The appeal is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Miller J)
TABLE OF CONTENTS
Introduction
[1]
The appeals[6]
The statement of Charanjit Singh [7]Inconsistent and unreasonable verdicts [23]
The aggravated wounding charge [33]
The sentence appeals [40]
Decision [58]
Introduction
[1] The appellants were convicted after trial of kidnapping two men and causing grievous bodily harm to one of them with intent to facilitate the commission of a crime. These appeals challenge both the convictions and the sentences of imprisonment imposed upon several of the appellants.
[2]…
Continue reading Chahil v R
Sign in free to access the full text
- AGLC
- Chahil v R [2010] NZCA 244
- Case
- [2010] NZCA 244
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.