| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA182/2019 [2019] NZCA 416 |
| BETWEEN | HARJIT DHEIL |
| AND | THE QUEEN |
| Hearing: | 26 June 2019 |
Court: | Stevens, Venning and Dunningham JJ |
Counsel: | J H M Eaton QC for Appellant |
Judgment: | 6 September 2019 at 2.30 pm |
JUDGMENT OF THE COURT
The appeal against conviction and sentence is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Dunningham J)
The appellant, Harjit Dheil (Harjit), was convicted of blackmailing Amrit Singh (Amrit) by threatening that a woman would be paid to make a sexual complaint against him in order to get him to withdraw an employment complaint against Harjit’s company (Dheils Ltd). The conviction followed a jury trial before Judge Dawson in the District Court where Harjit’s co-defendant, Gurchetan Singh (Gurchetan), was acquitted.[1]
[1]First names are used to avoid confusion when some individuals share the same surname.
Harjit was sentenced by the Judge to 10 months’ home detention.[2]
[2]R v Dheil [2019] NZDC 8233 at [21].
He appeals both his conviction and sentence.
Events leading to the charges
The complainant, Amrit, had been an employee of Dheils Ltd which owned and operated the Glenfield Sports Bar. Harjit was a director of that company and ran the business with his brother, Hardesh Dheil.
In early 2014 Amrit’s partner called the Department of Labour to report her concerns about the number of hours Amrit was working, allegedly without pay. However, those concerns were not pursued because at that time his visa was restricted to Dheils Ltd and he feared losing his job.
In June 2014, Dheils Ltd sold the bar to Gaming and Sports Ltd of which Harjit’s co-defendant, Gurchetan, was a director, along with Pankaj Gupta and Roohi Gupta. Amrit continued to work at the bar. At that point, when he was no longer at risk of losing his job, Amrit initiated a formal complaint about his former employer, Dheils Ltd, with the Employment Relations Authority (ERA). Various steps were taken in that complaint, including unsuccessful mediation in August 2014, but it remained unresolved.
On the night of 14 August 2014, an incident occurred at the bar which involved an intoxicated female patron. Amrit says he offered to give her a ride home, but before they left he remembered he had left his uneaten dinner inside, so he went back into the bar and she followed him. He said she then became flirtatious and difficult to deal with, demanding that he give her alcohol, which he did, although he says it was essentially to appease her. At one point she pulled her shirt up, exposing her chest to him. She also took some bottles of pre-mixed drinks from the bar. Amrit says he eventually managed to usher her out at about 1.30 am. She became angry and aggressive and then struck him, at which point he called the police. He also took the bottles of alcohol off her.
Some of the interaction with…
Continue reading Dheil v The Queen
Sign in free to access the full text
- AGLC
- Dheil v The Queen [2019] NZCA 416
- Case
- [2019] NZCA 416
- 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.