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Kingi v Police

Kingi v Police

Case [2021] NZHC 1475 21 June 2021

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IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2021-404-142

[2021] NZHC 1475

BETWEEN
MELANIE KINGI

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 21 June 2021

Appearances:

R J Wilson and M J English for the appellant T S Jenkin for the respondent

Judgment:

21 June 2021

ORAL JUDGMENT OF JAGOSE J

Counsel/Solicitors:
Public Defence Service, Waitākere
Meredith Connell, Crown Solicitor, Auckland

KINGI v NEW ZEALAND POLICE [2021] NZHC 1475 [21 June 2021]

[1] Melanie Kingi appeals the decision of Judge J M Jelaš in the North Shore District Court on 10 July 2020,1 finding her guilty of assault2 and wounding with intent to injure.3 On 17 March 2021, in the District Court at Auckland, the Judge sentenced Ms Kingi concurrently to one and six months’ community detention respectively.4 She now appeals her conviction on the latter charge.

Background

[2] On 6 February 2019, Ms Kingi went to a property at which [Redacted], lived with his then partner, the victim. Understanding the victim had hit her eldest child (then aged 18 years), Ms Kingi was agitated and aggressive, and “marched” into the residence, saying “Don’t touch my fucking kid again”. She was described “bowling into the house, swearing blue murder”.5 In the ensuing mêlée— in which the three struggled and fell to the floor, and from which Ms Kingi then retreated — the victim received a cut to her arm.

Judgment under appeal

[3] The Judge considered Ms Kingi’s actions were “disproportionately aggressive and confrontational” and “unwarranted”.6 She concluded from the evidence, when the three were on the floor, Ms Kingi took a plate from the victim and hit [Redacted] on the head with it, breaking the plate. The victim then noticed blood on [Redacted], which she realised was coming from a cut on her arm. The Judge inferred the cut was inflicted by Ms Kingi with the broken plate, considering she did so “to strike out at the [victim]”.7

[4] For Ms Kingi, Rachel Wilson argues “there were no proved facts that allowed for the drawing of an inference as to the wound being caused by the plate”,8 or

1      Police v Kingi [2020] NZDC 13414 [“Conviction decision”].
2      Crimes Act 1961, s 196. Maximum penalty: one year’s imprisonment.
3      Section 188(2). Maximum penalty: seven years’ imprisonment.
4      Police v Kingi [2021] NZDC 4927.
5      Conviction decision, above n 1, at [25].
6 At [14].
7 At [34].
8      Relying on Caswell v Powell Duffryn Associated Collieries Ltd [1940] AC 152 (HL), endorsed by
R v Kinghorn [2014] NZCA 168 at [20].

necessarily being intended by Ms Kingi. Accordingly her conviction on the charge of wounding with intent to injure was a miscarriage of justice.

Approach on appeal

[5] Ms Kingi has a first appeal right against her conviction to this Court.9 I must allow the appeal if satisfied the Judge “erred in … her assessment of the evidence to such an extent that…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Kingi v Police

Details

AGLC: Kingi v Police [2021] NZHC 1475
Case: [2021] NZHC 1475
Decision Date: 21 June 2021

CaseChat Overview and Summary

Melanie Kingi appeals her conviction for assault and wounding with intent to injure by the North Shore District Court, arguing the latter conviction was a miscarriage of justice. On 6 February 2019, Kingi went to a property where her child and the victim lived. Upon learning the victim had hit her child, Kingi aggressively entered the residence and confronted the victim. During a physical altercation, the victim sustained a cut to her arm, and Kingi was found guilty of both charges. Kingi's appeal hinges on whether the Judge erred in inferring that the victim's wound was caused by Kingi with a broken plate. The High Court, in rehearing the case, considered the evidence and the Judge's reasoning, ultimately finding no miscarriage of justice in the conviction. The appeal was dismissed, upholding the original judgment.

Orders