Inamata v The Queen

Case [2016] NZCA 115


IN THE COURT OF APPEAL OF NEW ZEALAND

CA137/2015
[2016] NZCA 115

BETWEEN

TOKA INAMATA
Appellant

AND

THE QUEEN
Respondent

Hearing:

11 March 2016

Court:

Randerson, Asher and Clifford JJ

Counsel:

P K Hamlin for Appellant
M D Downs for Respondent

Judgment:

11 April 2016 at 2:30 pm

JUDGMENT OF THE COURT

A    Leave is granted to adduce further evidence on appeal. 

BThe appeal against conviction is dismissed.

CThe sentence appeal is to be determined in accordance with the procedure set out in [56] of this judgment.

____________________________________________________________________

REASONS OF THE COURT

(Given by Randerson J)

Table of Contents

Para No

Introduction
Background facts
The decision to proceed
Subsequent events
The evidence received on appeal

Mr Inamata’s evidence
The cellphone evidence
The Crown evidence adduced on appeal
Mr Robert Tuku-Inamata
Mr Eric Rameka
Ms Reiner Inamata
Mr Jamie Rameka
Mr Wiremu Inamata

Our assessment
Did Mr Inamata’s absence result in an unfair trial?
Other considerations
Result

[1]
[5]
[7]
[11]
[13]
[15]
[22]
[25]
[33]
[37]
[40]
[42]
[43]
[44]
[50]
[54]
[55]

Introduction

  1. Mr Toka Inamata appeals against his conviction and sentence for his part in the armed robbery of the Whitehouse Tavern in Papakura on 25 May 2013.  He was sentenced to nine years imprisonment.  This judgment deals only with his conviction appeal. 

  2. Mr Inamata was to be tried in the High Court on 29 September 2014 along with two co-offenders, Mr Bowen Martin and Mr Trent Wellington, but he breached bail prior to trial and did not appear on the scheduled date.  The trial judge, Wylie J, ruled at the commencement of the trial that it should proceed in Mr Inamata’s absence. 

  3. The trial then proceeded with Mr Inamata being represented by Mr Hamlin.  The jury found all three defendants guilty of aggravated robbery, five charges of kidnapping, two charges of threatening to kill, and two charges of conversion.  Mr Wellington and Mr Inamata were found guilty of a charge of aggravated injury and Mr Inamata was also found guilty of a charge of possession of explosives. 

  4. Mr Martin and Mr Wellington appealed against their convictions but the appeals were dismissed.[1]  Mr Inamata denies having any part in the robbery and seeks leave of this Court to adduce evidence to support a defence of alibi.  It is submitted on his behalf that a miscarriage of justice has occurred by reason of the trial proceeding in his absence.

Background facts

  1. The Crown case was that the robbery involved six offenders.  Two of them, a man to whom we will refer as XX[2] and Mr Robert Tuku-Inamata, pleaded guilty to aggravated robbery in advance of trial.  XX was a key Crown witness.  He identified four other participants in the robbery:  Mr Martin, Mr Wellington, Mr Inamata and a sixth man who has never been charged. 

    [2]XX has permanent name suppression. 

  2. It is convenient to repeat here the summary of the Crown case which we set out in the judgment on the…

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AGLC
Inamata v The Queen [2016] NZCA 115
Case
[2016] NZCA 115
Decision Date

CaseChat Overview and Summary

Toka Inamata appeals against his conviction for his involvement in the armed robbery of the Whitehouse Tavern in Papakura on 25 May 2013. He was sentenced to nine years imprisonment and appeals against his conviction, contending that his absence from trial resulted in an unfair trial and a miscarriage of justice. The appeal was dismissed by the Court of Appeal. The appeal was heard by Randerson, Asher and Clifford JJ, with P K Hamlin for the appellant and M D Downs for the respondent. The trial judge, Wylie J, ruled at the commencement of the trial that it should proceed in Mr Inamata’s absence. The trial then proceeded with Mr Inamata being represented by Mr Hamlin. The jury found all three defendants guilty of aggravated robbery, five charges of kidnapping, two charges of threatening to kill, and two charges of conversion. Mr Wellington and Mr Inamata were found guilty of a charge of aggravated injury and Mr Inamata was also found guilty of a charge of possession of explosives. Mr Inamata denies having any part in the robbery and seeks leave of this Court to adduce evidence to support a defence of alibi. It is submitted on his behalf that a miscarriage of justice has occurred by reason of the trial proceeding in his absence. The Court held that the trial judge was correct to proceed with the trial in Mr Inamata’s absence in the circumstances of this case and that, in any event, for the reasons given, there was no unfairness to Mr Inamata in consequence of that decision. The appeal against conviction is dismissed.

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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