Gunn v The King

Case [2025] NZCA 590


NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR

IDENTIFYING PARTICULARS OF COMPLAINANTS PROHIBITED BY

S 203 OF THE CRIMINAL PROCEDURE ACT 2011. SEE

NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR

IDENTIFYING PARTICULARS OF ANY PERSONS UNDER THE AGE OF 18

YEARS WHO IS A COMPLAINANT PROHIBITED BY S 204 OF THE

CRIMINAL PROCEDURE ACT 2011. SEE

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

CA350/2021

[2025] NZCA 590

BETWEEN ARTHUR MAURICE GUNN
Appellant
AND THE KING
Respondent
Hearing: 3 September 2025
Court: Thomas, Brewer and Isac JJ
Counsel: E A Hall and S W O Campbell for Appellant
I S Auld for Respondent

REASONS OF THE COURT

(Given by Thomas J)

Table of contents

Introduction [1]
The offending [4]
CONVICTION APPEAL [12]
Appeal jurisdiction [12]
Further evidence [13]
Dr Nuth [13]
Dr Wisely [18]
Mr Gunn [24]
Trial counsel [29]

Ground 1: Mr Gunn’s autism spectrum disorder and election not to give

evidence [40]

What were the additional matters about which Mr Gunn could have given

evidence? [44]
Was the failure to obtain an expert report an error? [54]
Was the failure to call expert evidence at trial an error? [57]
Overall, was there an error or unfairness? [61]
Ground 2: Demeanour directions [82]
Discussion [89]
Ground 3: Disclosure of fresh evidence [96]
Discussion [105]
SENTENCE APPEAL [109]
The Judge’s sentencing remarks [110]
Analysis [117]
R v AM [117]
Rape band one — six to eight years [119]
Rape band two — seven to 13 years [128]
The present case [139]
Result [142]
Introduction
  1. In March 2021, Arthur Gunn was found guilty by a jury of one charge of sexual

violation by rape in respect of Complainant 1, said to have occurred at a Dunedin flat

party which took place in early to mid-September 2017. The jury acquitted Mr Gunn

of one charge of assault with intent to commit sexual violation of a second complainant

(Complainant 2) which was alleged to have occurred at the same flat party. Mr Gunn was sentenced to six years and three months’ imprisonment on the charge of sexual

violation by rape.[1]

[1]       R v Gunn [2021] NZDC 11213 [sentencing decision] at [61].

  1. Mr Gunn appeals his conviction and sentence. His conviction appeal is on the

grounds:

(a) Mr Gunn’s undiagnosed autism spectrum disorder (ASD), his

misunderstanding of the process of giving evidence, and trial counsel

not properly preparing or advising Mr Gunn on giving evidence

unfairly impacted his election not to give evidence;

(b) Mr Gunn’s demeanour (unknowingly linked to his undiagnosed ASD)

was made the subject of improper adverse comment by the Crown

prosecutor and not cured by the Judge’s demeanour directions; and

(c) fresh evidence regarding Complainant 1’s having previously lied about

her age in a prior sexual context should have been disclosed to the

defence and considered by the jury when considering her credibility.

  1. The appeal against sentence was on the grounds that the sentence was

manifestly excessive.

The offending

  1. We take the following description of…

Continue reading Gunn v The King

Sign in free to access the full text

Details
AGLC
Gunn v The King [2025] NZCA 590
Case
[2025] NZCA 590
Decision Date

CaseChat Overview and Summary

In March 2021, Arthur Gunn was found guilty by a jury of one charge of sexual violation by rape in respect of Complainant 1, said to have occurred at a Dunedin flat party which took place in early to mid-September 2017. The jury acquitted Mr Gunn of one charge of assault with intent to commit sexual violation of a second complainant (Complainant 2) which was alleged to have occurred at the same flat party. Mr Gunn was sentenced to six years and three months’ imprisonment on the charge of sexual violation by rape. Mr Gunn appeals his conviction and sentence. His conviction appeal is on the grounds: (a) Mr Gunn’s undiagnosed autism spectrum disorder (ASD), his misunderstanding of the process of giving evidence, and trial counsel not properly preparing or advising Mr Gunn on giving evidence unfairly impacted his election not to give evidence; (b) Mr Gunn’s demeanour (unknowingly linked to his undiagnosed ASD) was made the subject of improper adverse comment by the Crown prosecutor and not cured by the Judge’s demeanour directions; and (c) fresh evidence regarding Complainant 1’s having previously lied about her age in a prior sexual context should have been disclosed to the defence and considered by the jury when considering her credibility. The appeal against sentence was on the grounds that the sentence was manifestly excessive. The Court dismissed the appeal against conviction and allowed the appeal against sentence. The Court substituted a sentence of four years and 10 months’ imprisonment.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.