IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2021-404-175 CRI-2021-404-177 CRI-2021-404-178 CRI-2021-404-179 CRI-2021-404-180 CRI-2021-404-181 CRI-2021-404-182 CRI-2021-404-202 CRI-2021-404-203
[2022] NZHC 866
BETWEEN RAYMOND WILLIAM EPERE
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 21 March 2021 Counsel:
C G Wright for Appellant
I L M Archibald for Respondent
Judgment:
29 April 2022
JUDGMENT OF BREWER J
This judgment was delivered by me on 29 April 2022 at 11.30 am
Registrar/Deputy Registrar
Solicitors:
Public Defence Service (Auckland) for Appellant Meredith Connell (Auckland) for Respondent
EPERE v POLICE [2022] NZHC 866 [29 April 2022]
Introduction
[1] Mr Raymond Epere applies for leave to appeal his entire criminal history of convictions. Mr Epere has 16 convictions entered in the period between 2001 and 2013. The appeal is brought on the basis that a miscarriage of justice has occurred. Mr Epere is diagnosed as having an intellectual disability. He has had this disability since childhood. It now appears unlikely that he has ever been fit to stand trial or plead in respect of any of his previous charges.
[2] The appeal is filed out of time. Mr Epere therefore seeks an extension of time for filing the notice of appeal. The respondent accepts that leave to appeal should be granted. It also agrees that the appeal against convictions should be allowed.
[3]I will address the application for leave before turning to the substantive appeal.
Background
[4] Between 2001 and 2009, Mr Epere probably pleaded guilty to 10 charges, all for relatively minor offending.1 This included offences such as consuming cannabis, failing to answer bail and unlawfully taking a motor vehicle. There is also one charge of male assaults female.
[5] In 2011, Mr Epere was found unfit to stand trial for the first time. This was in respect of charges of theft, burglary, possession of a weapon, receiving property (under
$500) and failing to answer bail.
[6] Nevertheless, Mr Epere was convicted of further offences in 2012 and 2013. The further offending involved charges of trespassing, disorderly behaviour, breaches of a local liquor ban, failing to answer bail and possession of instruments for the use of cannabis. It appears that the issue of fitness to stand trial was not raised. Mr Epere pleaded guilty to all the charges.
1 Due to a lack of documentation it is not possible to determine conclusively if Mr Epere in fact entered guilty pleas to all charges or was convicted after a defended hearing. However, the small space of time between the offence and sentence date for some of Mr Epere’s convictions indicates that he likely entered guilty pleas. Mr Epere also told one expert that he always pleaded guilty to charges.
[7] In 2020, Mr Epere was found unfit to stand trial for a second time. On this occasion his offending was more serious. It involved a charge of assault with intent to injure.
[8] Following the finding in 2020 that Mr Epere was again unfit to stand trial,…
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