| NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS, OF COMPLAINANTS PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. NOTE: PERMANENT SUPPRESSION ORDER OF NAME OF WITNESS MADE IN THE DISTRICT COURT REMAINS IN FORCE |
| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA283/2014 [2015] NZCA 324 |
| BETWEEN | RODNEY JOHN GREEN |
| AND | THE QUEEN |
| Hearing: | 7 July 2015 |
Court: | White, Keane and Kós JJ |
Counsel: | E R Fairbrother QC for Appellant |
Judgment: | 23 July 2015 at 3.00 pm |
JUDGMENT OF THE COURT
AThe application for leave to adduce the evidence of Dr D F Garavan is declined.
BThe appeal against conviction is dismissed.
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REASONS OF THE COURT
(Given by White J)
Following a jury trial in the Napier District Court, the appellant, Mr Green, was convicted on two charges of indecent assault and sentenced to 175 hours community work and ordered to pay the complainant $3,000 in emotional harm reparation.[1] He was acquitted on four other charges of indecent assault, including one involving another complainant.
[1]R v Green DC Napier CRI-2013-041-770, 9 May 2014.
Mr Green appeals against his convictions on the ground that there was a miscarriage of justice at his trial because relevant medical evidence was not called to address the “key” issue of the complainant’s bruising which she claimed resulted from one of the assaults.[2] He has abandoned an appeal against sentence.
[2]Crimes Act 1961, s 385(1)(c).
The incidents giving rise to the charges allegedly occurred when the complainants drove Mr Green and others in a limousine to and from a sporting event. It is unnecessary to refer further to the first incident involving complainant A, who drove the vehicle to the event, because Mr Green was acquitted on that charge.
The five other incidents involved complainant B who picked up Mr Green and the others after the event and drove Mr Green home. Complainant B’s evidence was that Mr Green: grabbed her bottom before getting into the vehicle; placed his hand between her legs when in the front seat of the vehicle beside her; kissed her on the mouth; squeezed her left breast; and placed her hand on his exposed penis.
In addition to describing these incidents, complainant B gave evidence that she told a number of people about aspects of Mr Green’s behaviour over the following 24 hours, including her then partner, and that she had showed him bruising to her left breast and left arm which she said had been caused by Mr Green grabbing her. She was not cross-examined about this aspect of her evidence.
Complainant B’s partner gave evidence confirming what complainant B said she had told him and that he had seen the bruising. He also said the complainant B might have told him Mr Green stuck his tongue down her throat, but his evidence under cross‑examination was that she did not tell him that Mr Green had grabbed her bottom, put his hand between her legs or put her…
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- AGLC
- Green v The Queen [2015] NZCA 324
- Case
- [2015] NZCA 324
- Decision Date
CaseChat Overview and Summary
The application for leave to adduce the evidence of Dr Garavan was declined and the appeal against conviction was dismissed. The court found that the bruising evidence was not as crucial to the prosecution as Mr Green claimed, and that the prosecutor's references in closing to the bruising were not inappropriate. The court also found that the evidence of Dr Garavan did not meet the requirements for the admissibility on appeal of expert opinion evidence. The court concluded that Mr Green's ground of appeal had not been established and there was no miscarriage of justice.
Orders
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Background
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Evidence
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Decision
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