Huritu v Police
[2020] NZCA 208
•2 June 2020 at 3.30 pm
| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA640/2019 [2020] NZCA 208 |
| BETWEEN | CODY HURITU |
| AND | NEW ZEALAND POLICE |
| Hearing: | 24 February 2020 |
Court: | Clifford, Simon France and Lang JJ |
Counsel: | N P Chisnall and N T C Batts for Applicant |
Judgment: | 2 June 2020 at 3.30 pm |
JUDGMENT OF THE COURT
A Leave to bring a second appeal against conviction is granted.
BWe direct the appeal be set down for an oral hearing before a Permanent Court, time allowed half a day.
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REASONS OF THE COURT
Mr Huritu faced charges of assaulting his partner, breaching a protection order and breaching his prison release conditions. He pleaded guilty to the charge of breaching his prison release conditions but defended the other two charges. Mr Huritu was found guilty on both charges following a Judge-alone trial before Judge Cooper on 1 August 2019.[1]
[1]Police v Huritu [2019] NZDC 15221.
Mr Huritu appealed to the High Court against both those convictions on the basis that the Judge had wrongly admitted a written statement made by the complainant, his partner, when she failed to appear at the hearing. Those appeals against conviction were dismissed in a judgment delivered by Jagose J on 8 October 2019.[2]
[2]Huritu v Police [2019] NZHC 2560.
Mr Huritu applies for leave to advance a second appeal against those convictions to this Court. On 18 December 2019 this Court directed that the application for leave to appeal be determined together with the proposed appeal. We heard those matters on 24 February 2020.
Having considered the application for leave, the issues raised and existing authorities, we have determined that leave should be granted but that the appeal should be heard separately, by a Permanent Court.
Result
We grant Mr Huritu leave to bring a second appeal against conviction.
We direct the appeal be set down for an oral hearing before a Permanent Court, time allowed half a day.
Solicitors:
Haigh Lyon, Auckland for Applicant
Crown Law Office, Wellington for Respondent
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