Joseph Russell Rewiri v The Queen

[2008] NZSC 107

IN THE SUPREME COURT OF NEW ZEALAND

SC 78/2008
[2008] NZSC 107

JOSEPH RUSSELL REWIRI

v

THE QUEEN

Court:Elias CJ, Blanchard and Wilson JJ

Counsel:G King for Applicant

A Markham for Crown

Judgment:5 December 2008 

JUDGMENT OF THE COURT

LEAVE TO APPEAL IS REFUSED.

REASONS

[1]       For the purpose of running a provocation defence the applicant claimed that he had a special characteristic namely “hyper vigilance and paranoia”.  There was no medical evidence supporting this contention.  The trial Judge declined to accept that for the purposes of s 169 of the Crimes Act 1961 the applicant had a special characteristic of this kind.  The Court of Appeal has agreed with that view.

[2]       We consider they were right and that this is not an appropriate case to explore questions of what may be a special characteristic.  The testimony of lay people, including the accused, is not a sufficient basis for the assertion of a special characteristic which amounts to a form of mental disorder.  On the facts, there is no appearance of miscarriage of justice.

Solicitors:
Crown Law Office, Wellington