Hall v The Queen

Case [2017] NZHC 1489


NOTE: PUBLICATION OF NAME(S), ADDRESS(ES), OCCUPATION(S) OR IDENTIFYING PARTICULARS, OF COMPLAINANT(S) PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011.

ORDER PROHIBITING PUBLICATION OF NAME(S), ADDRESS(ES), OCCUPATION(S) OR IDENTIFYING PARTICULARS OF WITNESS/VICTIM/CONNECTED PERSON(S) PURSUANT TO S 202

CRIMINAL PROCEDURE ACT 2011.

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CRI-2017-425-8 [2017] NZHC 1489

BETWEEN

CRAIG ANTHONY HALL

Appellant

AND

THE QUEEN Respondent

Hearing: 19 June 2017

Appearances:

S Vidal for Appellant
I Murray for Respondent

Judgment:

30 June 2017

JUDGMENT OF NICHOLAS DAVIDSON J

Introduction

[1]      On 24 January 2017 the appellant, Mr Hall, was convicted after a Judge alone trial in the District Court on one charge of assault with intent to commit sexual violation and two charges of indecent assault.1   He was acquitted on one other charge of assault with intent to commit sexual violation.  He was sentenced to three years four months imprisonment on 15 February.2

[2]      During   the   course   of   the  trial,   Judge   Callaghan   made  two   rulings. On 16 January, he dismissed an application for the defence to put a question to the complainant regarding sexual experience with another person.3    On 17 January he dismissed an application for a mistrial.4

[3]      The appellant appeals against conviction on the basis that the Judge erred in dismissing these applications.   He also appeals on the basis that the Judge erred when assessing credibility.  For the reasons that follow, the appeal is dismissed.

Background

[4]      The  charges  related  to  alleged  sexual  offending  between  2011  and  2015 against three complainants: [RR], [SS], and [SO].

[5]      The factual setting was that the appellant lived in Dunedin but during 2014 stayed with [C] in Invercargill.  [RR] lived there and was [C]’s partner.   [SS] lived there and was his daughter.  [SO] was a friend of one of [C]’s daughters.

[6]      In  respect of [SS]  the allegation was that on  an occasion after her 12th birthday he sat on top of her, told her to be quiet, put his hand on her breast area and removed her jeans and underwear.   He then exposed his penis and placed it on or near her vagina while moving back and forth.  This gave rise to the first charge of assault  with  intent  to  commit  sexual  violation.   The defence case was  that  the allegations were false, and the assault never took place.

[7]      In relation to [RR], the allegation was that after leaving a tavern in the early hours  of  the  morning  the  appellant  kissed  her,  then  physically  carried  her  up a driveway or alleyway for a short distance.  He restrained her, took down her tights and underwear, exposed his penis, and attempted to put his penis into her vagina. It was also alleged that the following morning he grabbed her in the groin area and told her he could trust her to say nothing.   A week later he again grabbed her between her legs and said he was going to have sex with her.  This gave rise to the second charge of assault with intent to…

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Hall v The Queen [2017] NZHC 1489
Case
[2017] NZHC 1489
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CaseChat Overview and Summary

Craig Anthony Hall appeals against his conviction and sentence on three charges of sexual assault. The appellant was convicted in the District Court of assault with intent to commit sexual violation in relation to two complainants and indecent assault in relation to a third complainant. The appellant appeals on the basis that the Judge erred in dismissing applications to question one complainant about her sexual conduct with her partner, to question another complainant about a prior inconsistent statement, and in his assessment of the credibility of the complainants. The appeal was dismissed. The court found that the appellant had not demonstrated that a miscarriage of justice had occurred. The court found that the Judge was correct in dismissing the application to question one complainant about her sexual conduct with her partner because it was irrelevant to the issue of credibility and did not meet the relevance threshold in s 44 of the Evidence Act. The court found that the Judge was also correct in dismissing the application for a mistrial in relation to a prior inconsistent statement. The court found that the defence had not demonstrated that a miscarriage of justice had occurred because the appellant had not shown that there was a change in circumstances that might reasonably affect the decision whether to elect trial by jury. Finally, the court found that the Judge’s assessment of credibility was open to him and reasonable.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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