JUDGMENT OF THE COURT

AThe appeal against conviction is allowed in part, in that the conviction on count 2 (threatening to kill Michael Downey on 25 May 2008) is quashed and a verdict of acquittal entered thereon.
BIn all other respects, the appeal against conviction is dismissed.
CThe appeal against sentence is dismissed.

REASONS OF THE COURT
(Given by Rodney Hansen J)
Introduction
[1]        After trial in the District Court at Papakura before Judge McAuslan and a jury, Mr Currie was convicted of rendering Michael Downey incapable of resistance with intent to facilitate the crime of aggravated robbery, threatening to kill Mr Downey and the aggravated robbery of his Holden motorcar. All this offending took place on 25 May 2008. He was also convicted of possession of a firearm and ammunition. Prior to trial, he pleaded guilty to other charges which, while related to the 25 May offending, took place on a different occasion, namely at his deposition hearing on 12 September 2008. These were charges of threatening to kill Mr Downey and Detective David Honiss, the officer in charge of the prosecution relating to the 25 May offending. He was sentenced to a total of ten years imprisonment.
[2]        Mr Currie appeals against his convictions on all the counts to which he pleaded not guilty, except possession of firearms and ammunition, on the grounds that the Judge misdirected the jury. He also appeals against his sentence as being manifestly excessive.
Facts
[3]        Mr Downey said in evidence that on 25 May 2008 he was at his home in Papakura when Mr Currie visited. He had previously met Mr Currie although he did not know him well. Mr Currie was accompanied by his partner, Lisa Smyth. Mr Downey invited the couple in.
[4]        Mr Downey said Mr Currie began asking him questions about his will and what would happen to his possessions if he died. He said Mr Currie then left the house briefly and returned with a shotgun. After abusing him, Mr Currie hit him several times in the face with the barrel and butt of the gun. Mr Downey sustained facial injuries – a swollen eye and lacerations to the chin and cheek – and a gash to his leg. Mr Downey said Mr Currie then produced a blank piece of paper and directed Ms Smyth to write on it that Mr Downey would “gift” his Holden motorcar. He told Mr Downey that if he went to the police, he would have him and members of his family killed or he would tell the police that Mr Downey had raped his girlfriend and a friend of hers. Mr Currie and Ms Smyth later left driving the Holden.
[5]        Mr Currie gave evidence in his…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Currie v R

Details

AGLC: Currie v R [2010] NZCA 449
Case: [2010] NZCA 449
Decision Date: 28 September 2010

CaseChat Overview and Summary

Lloyd Nathan Currie appealed his conviction and sentence in relation to an incident which occurred on 25 May 2008, when he and Lisa Smyth attended Michael Downey's house, armed with a shotgun. Mr Downey was assaulted, threatened and coerced into signing documents purporting to gift his Holden motorcar to two named men. The car was taken by Mr Currie and Ms Smyth. Mr Currie and Ms Smyth were convicted in the District Court of rendering Mr Downey incapable of resistance with intent to facilitate the crime of aggravated robbery, threatening to kill Mr Downey and the aggravated robbery of his Holden motorcar. Mr Currie was also convicted of possession of a firearm and ammunition. He was sentenced to a total of ten years imprisonment. Mr Currie appealed against his convictions on all counts, except possession of firearms and ammunition, on the grounds that the Judge misdirected the jury. He also appealed against his sentence as being manifestly excessive.

The Court found that the Judge's summing up on the charge of aggravated robbery was adequate. However, the Court found that the Judge's directions in relation to propensity evidence was deficient. The propensity evidence was potent and the misdirection gave rise to a miscarriage of justice. The conviction on the charge of threatening to kill was quashed and a verdict of acquittal entered. The appeal against sentence was dismissed.

Orders