IN THE COURT OF APPEAL OF NEW ZEALAND
CA789/2009
[2010] NZCA 129BETWEENNATHAN THOROSE CONNOLLY
Appellant
ANDTHE QUEEN
Respondent
Hearing:2 March 2010
Court:Randerson, Priestley and Mackenzie JJ
Counsel:J H M Eaton for Appellant
F E Guy Kidd for Respondent
Judgment:15 April 2010 at 4 p.m.
JUDGMENT OF THE COURT
The appeal against sentence and conviction is dismissed.
REASONS OF THE COURT
(Given by Randerson J)
Introduction
[1] The appellant is a former police officer. He was convicted after trial before French J[1] and a jury on one charge under s 129A(1) of the Crimes Act 1961 of inducing a sex worker to have sexual connection with him, such consent being induced by a threat. He was acquitted on two other charges relating to the same woman. Those were a second count under s 129A(1) and a charge laid under s 104 of the Crimes Act of corruptly obtaining a bribe in the context of sexual activity. The appellant was subsequently sentenced by French J to a term of imprisonment of two years. [2] He now appeals against both conviction and sentence.
[1] R v Connolly HC Christchurch CRI-2008-009-14401, 31 July 2009.
[2] R v Connolly HC Christchurch CRI-2008-409-14401, 17 December 2009.
[2] The appeal against conviction is advanced on three grounds:
(a)the verdict of the jury is unreasonable or cannot be supported by the evidence;
(b)his conviction is inconsistent with his acquittal on the second count under s 129A(1) of the Crimes Act; and
(c)the trial Judge erred in refusing to accept a plea of autrefois acquit (previous acquittal) under s 358(1) of the Crimes Act or in refusing a stay on the basis of abuse of process.
[3] The ground for the sentence appeal is that the sentence was manifestly excessive. In particular, it is said that a community based sentence was appropriate in the circumstances.
The facts
[4] The circumstances of the offending are unusual but may be stated relatively briefly. The indictment alleged that the offending took place between 8 December 2006 and September 2007 at Christchurch. The Crown case was that the offending arose from three separate incidents:
(a)an occasion when the appellant stopped the complainant’s vehicle in Bealey Avenue while he was in his patrol car after which he drove the complainant to a rural area near the Belfast Cemetery and had sexual intercourse with her in the patrol car (“the Bealey Avenue incident”);
(b)a second occasion when the appellant had sexual intercourse with the complainant in a patrol car near the Belfast Cemetery (“the Belfast incident”); and
(c)a third incident when the appellant had sexual intercourse with the complainant at Ashgrove Terrace in a private motor vehicle (“the Ashgrove Terrace incident”).
[5] The bribery charge arose from the Bealey Avenue incident while the two counts under s 129A(1) arose from the Belfast and Ashgrove Terrace incidents. The appellant’s conviction related to the Belfast incident.
[6] Prior to the Bealey Avenue incident, the appellant and the complainant had engaged in regular sexual activity, invariably on…
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- AGLC
- Connolly v The Queen [2010] NZCA 129
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- [2010] NZCA 129
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