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| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA220/2018 [2018] NZCA 349 |
| BETWEEN | HEATHER GLEASON-BEARD |
| AND | THE QUEEN |
| Hearing: | 24 July 2018 |
Court: | Williams, Brewer and Thomas JJ |
Counsel: | N P Bourke and K Paima for Appellant |
Judgment: | 6 September 2018 at 4.00 pm |
JUDGMENT OF THE COURT
AThe application for an extension of time is granted.
BThe appeal against conviction is allowed and the conviction is quashed.
CA judgment of acquittal is to be entered.
____________________________________________________________________
REASONS OF THE COURT
(Given by Thomas J)
The appellant, Heather Gleason-Beard, is a young Canadian who was visiting New Zealand in 2017. One night at a bar in Queenstown she took offence at something another bar patron said to her. She threw her drink at him, cutting his top lip as the glass connected with his face. On the morning of her trial on charges including a charge of wounding with intent to injure, the trial Judge initiated an in-chambers hearing where he expressed his doubt there was any defence to that charge and said a sentence of imprisonment was likely in the absence of a guilty plea. Eventually, the Judge gave a formal sentence indication on the alternative charge of injuring with reckless disregard. Ms Gleason‑Beard accepted the indication, pleaded guilty and was sentenced.[1]
[1]R v Gleason-Beard DC Invercargill CRI-2017-059-481, 21 March 2018.
Ms Gleason-Beard now appeals her conviction on the basis that comments made by the Judge in chambers improperly influenced her decision to plead guilty and the sentence indication which followed was unnecessarily rushed and unfair.
The notice of appeal was filed out of time for reasons adequately explained by trial counsel. The Crown does not oppose an extension of time and it is granted.
Factual background
On the night of 9 July 2017, Ms Gleason-Beard and the complainant were drinking at a bar in Queenstown. They began talking. Ms Gleason-Beard became upset with the complainant and the bar manager described her punching and kicking the complainant, and spitting in his face. The bar manager intervened. Ms Gleason‑Beard walked away but turned back and struck the complainant in the face, either with her glass or with that of the complainant. Bar staff removed Ms Gleason-Beard from the bar and called the police. When apprehended, Ms Gleason-Beard admitted to the police that she struck the complainant with a glass but denied spitting on him.
The complainant received a laceration to his top lip as a result of being struck by the glass but declined medical treatment. In his victim impact statement, the complainant said his tooth was chipped and he could not afford to go to the dentist.
In her interview with the police, Ms Gleason-Beard described the complainant being rude to her and insulting her. She recalled him saying, “[o]h you have small tits, you have bee sized tits”. While she did not know…
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- AGLC
- Gleason-Beard v R [2018] NZCA 349
- Case
- [2018] NZCA 349
- Decision Date
CaseChat Overview and Summary
The legal issues were whether the Judge's intervention constituted exceptional circumstances resulting in a miscarriage of justice, and whether Ms Gleason-Beard's proposed defence was of sufficient substance. The Court found that the Judge's unrequested sentence indication, identification of aggravating factors, and suggestion that imprisonment was likely created a real risk that the outcome of the trial was affected. The Judge's comments also undermined counsel's advice and diminished his standing in front of his client, which was inappropriate. The Court concluded that the Judge's intervention was capable of constituting exceptional circumstances resulting in a miscarriage of justice. Additionally, Ms Gleason-Beard had a sufficiently substantial defence, as she had a defence to both the wounding with intent to injure and injuring with reckless disregard charges.
The appeal against conviction was allowed, and the conviction was quashed. A judgment of acquittal was to be entered. Ms Gleason-Beard had completed her sentence of 100 hours of community work and paid $5,000 in reparation to the complainant. It was not in the interests of justice to order a retrial, so a judgment of acquittal was directed to be entered.
Orders
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