Forest v Police

[2016] NZHC 3198

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2016-409-000155 [2016] NZHC 3198

BETWEEN

JERICHO JARRAH FOREST

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:	22 December 2016
Appearances:	A J McKenzie for Appellant D L Elsmore and C J Bernhardt for Respondent
Oral Judgment	22 December 2016

ORAL JUDGMENT OF DUNNINGHAM J

[1]       Mr Forest appeals his sentence of six weeks’ imprisonment for contempt of

Court. He says that:

(a)       the sentence was manifestly excessive;

(b)the learned Judge erred in categorising the defendant’s contempt as towards the serious end and the starting point of 10 weeks as manifestly excessive; and

(c)      the Judge erred in not sentencing the defendant at the rise of the Court, as required under s 365(2) Criminal Procedure Act 2011, and therefore he acted unlawfully in remanding the defendant for sentence when no such power exists.

[2]      The circumstances in which Mr Forest was found in contempt of Court are

set  out  in  the  District  Court  Judge’s  sentencing  notes.     He  explained  that

Mr    Forest’s     brother     was    being     tried    before    a    jury     on     charges    of

FOREST v NEW ZEALAND POLICE [2016] NZHC 3198 [22 December 2016]

sexual  violation  by rape,  sexual  violation  by unlawful  sexual  connection  and  a charge of male assaults female.

[3]      After the jury had delivered verdicts of guilty on the first three charges, Mr Forest rose from the seating in the public gallery and he advanced forwards in the direction of the jury in a very aggressive manner, shouting at the jury the words, “Fuck you cunts, fuck you.”  The Judge explained that the jury was noticeably upset. He had the jury removed as soon as possible from the Courtroom while the security guards intervened and restrained Mr Forest.  He made inquiries as to how the jury were coping and he was advised by jury attendants that the jury members were shocked, upset and one of the female jurors was reduced to tears.

[4]      The Judge said he had to allow time for the jurors to compose themselves before asking them to return to complete the delivery of their verdicts.  The Judge determined that Mr Forest was in contempt of Court because he behaved in a threatening and intimidating way towards the jury while it was in the process of delivering its verdicts.  Of particular concern was the fact that because the abuse was directed at the jury whilst still delivering their verdicts, it gave rise to a risk of influencing  those  verdicts.    For  that  reason  the  Judge  concluded  that  this  was conduct that strikes at the very heart of our administration of justice.

[5]      In   sentencing   the   Judge   noted   that   the   maximum   sentence   under s 365  Criminal  Procedure Act  2011  for  such  instances  of  contempt,  was  three months,    although    he    noted    that    significantly    higher    penalties    would have     been     available     if     this     had     been     approached     as     a     charge under s 117 Crimes Act 1961 as an attempt to influence a jury.

[6]      He then set a starting point of 10 weeks imprisonment being…