JUDGMENT OF THE COURT

The appeal against conviction and sentence is dismissed.
REASONS OF THE COURT
(Given by Hammond J)
Table of Contents
Para No
Introduction
The convictions and sentence  [1]
      The broad nature of the charges[4]
      Some matters of process  [17]
      Parliamentary control of conflicts and gifts  [23]
      The grounds of appeal  [28]
      The Crown response  [30]
First ground of appeal: the legal test for corruption
      The significance of political corruption  [31]
      Where is bribery and corruption by members of Parliament
       to be dealt with?  [34]
      The New Zealand statutory scheme  [41]
      The concept of a bribe  [46]
      The concept of “corruptly”  [49]
      A corrupt bargain is required?  [65]
      An adequate direction?  [88]
The second ground of appeal: wrong legal test for obstructing/
perverting the course of justice
      The legislation  [102]
      The convictions  [103]
      The Crown case  [104]
      The evolution of Mr Field’s conduct
(a)   Alarm bells  [106]
      (b)   Ingram inquiry  [108]
      (c)   Police investigation  [119]
      Summary  [123]
      The appeal points  [124]
      The legal principle(s)  [127]
      The factual context  [137]
      Conclusion  [141]
The third ground of appeal: wrongful admission of evidence
      Introduction  [143]
      The appropriate principle  [145]
      (a)   Assistance to Mr Field  [150]
      (b)   Mr Field’s interviews with Dr Ingram QC were voluntary            [151]
      (c) Mr Field’s “status” during the interview  [152]
      (d) The Evidence Act 2006  [153]
      (e) The distinction between the Ingram inquiry transcript and the
             report itself  [154]
      (f) Entrapment or unfairness  [157]
      (g)   No improper editing of the transcript  [158]
(h)   No oppression  [160]

(i)    Rule 3 of the Practice Note  [161]
      Conclusion   [162]
The fourth ground of appeal: miscarriage of justice  [163]
      The evidence of Banleng Prachanan  [165]
      Tiling at Afiamalu  [171]
The sentence appeal
      The sentence imposed  [177]
      First ground of sentence appeal  [178]
      Second ground of sentence appeal  [182]
      Attempt to pervert the course of justice offences  [186]
      Third ground of sentence appeal  [191]
      Result  [193]
Conclusion  [194]
Introduction
The convictions and sentence
[1]       The appellant, Taito Phillip Hans Field, was first elected as a Member of Parliament in 1993. He remained a Member of Parliament until 2008. In 2003 he was appointed Associate Minister of Pacific Island Affairs, Associate Minister of Social Development and Employment, and Associate Minister of Justice. He held those positions until the 2005 general elections.
[2]       Mr Field became embroiled in certain matters that eventually led to criminal prosecutions against him. After a trial of more than three months, he was convicted by a jury presided over by Rodney Hansen J of 11 counts of bribery and corruption as a Member of Parliament. These…

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 Field v R

Details

AGLC: Field v R [2010] NZCA 556
Case: [2010] NZCA 556
Decision Date: 26 November 2010

CaseChat Overview and Summary

The Court of Appeal of New Zealand heard an appeal against conviction and sentence by Taito Phillip Hans Field, a former Member of Parliament. Field was convicted on 11 counts of bribery and corruption and 15 counts of attempting to pervert the course of justice. He was sentenced to six years imprisonment. The appeal against conviction and sentence was dismissed. The court considered four grounds of appeal against conviction, including the legal test for corruption, the wrong legal test for obstructing or perverting the course of justice, wrongful admission of evidence, and a miscarriage of justice. The court found that the trial judge's direction to the jury was correct and that there was evidence to support the convictions. The court also considered three grounds of appeal against sentence, including the judge's rejection of a distinction between bribery and receipt of an illegal gratuity, the excessiveness of the total sentence imposed, and the judge's failure to give a discount for the unusual set of circumstances. The court found that the total sentence imposed was not manifestly excessive and that the judge's rejection of a distinction between bribery and receipt of an illegal gratuity was not an accurate way to put things.

Orders