IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE
CRI-2017-463-000056
[2018] NZHC 2129
IN THE MATTER OF an appeal against conviction and sentence BETWEEN
DONALD JAMES GORRIE
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 13 August 2018 Counsel:
R W Maze for the Appellant
R W Jenson for the Respondent
Judgment:
17 August 2018
JUDGMENT OF EDWARDS J
This judgment was delivered by Justice Edwards on 17 August 2018 at 4.00 pm, pursuant to
r 11.5 of the High Court Rules
Registrar/Deputy Registrar Date:
Counsel: R W Maze, Christchurch
Solicitors: Pollett Legal (Office of the Crown Solicitor), Tauranga
GORRIE v POLICE [2018] NZHC 2129 [17 August 2018]
[1] Mr Gorrie was convicted of assaulting a child following a judge-alone trial in the Whakatane District Court.1 He was sentenced to a fine of $500 and costs of $130. Mr Gorrie appeals against conviction and sentence.
The offending
[2] The offending arose out of events at the Edgecumbe Mall on 18 January 2017. Mr Gorrie owns a local supermarket at the mall. The complainant, a 10-year-old boy, was near the entrance to Mr Gorrie’s shop, up a narrow alleyway which leads from College Street into the mall and into the supermarket.
[3] It appears there is some history between Mr Gorrie and the complainant. The complainant had been banned from entering Mr Gorrie’s shop in the weeks before the incident.
[4] It was not in dispute at trial that there had been an interaction between Mr Gorrie and the complainant that constituted an assault. However, there was a dispute about the finer details about what had occurred. In essence, the Judge found that the assault involved Mr Gorrie grabbing the complainant by the hoodie whilst on his bike, the complainant coming off his bike, and Mr Gorrie continuing to hold the complainant when he stood up, only releasing him when his brother intervened.
The Judge’s decision
[5] The issue at trial was whether Mr Gorrie was acting in defence of another under s 48 of the Crimes Act 1961.
[6] The Judge heard evidence from the complainant, two civilian witnesses, and the officer in charge. Mr Gorrie also elected to give evidence in his own defence. The evidence of one of the civilian witnesses was put to one side due to inconsistencies between what she had told police she had seen on the day and what she said in Court. The evidence of the complainant and the other eyewitness was accepted by the Judge, who made findings of fact as follows:
1 Pursuant to s 194(a) of the Crimes Act 1961.
[9] On that issue and before turning to self-defence I accept the evidence of the complainant, [complainant’s name], and the witness Donaldson as to what happened. I conclude beyond reasonable doubt that it was the hoodie that was grabbed and that even after the bike was stopped Mr Gorrie kept hold of the boy by his clothing. He did go…
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- Gorrie v Police [2018] NZHC 2129
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- [2018] NZHC 2129
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