IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY
I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE
CRI-2024-463-64
[2024] NZHC 2011
GERRARD BAILEY KNIGHT v
THE KING
Hearing: 11 July 2024 Appearances:
P Mitchell for Appellant
T Taane and E O'Brien for Respondent
Judgment:
22 July 2024
Reissued with redactions:
19 September 2024
JUDGMENT OF MUIR J
This judgment was delivered by me on 22 July 2024 at 4 pm,
………………………………… Registrar/Deputy Registrar
Solicitors:
Pollett Legal Limited
KNIGHT v R [2024] NZHC 2011 [22 July 2024]
Introduction
[1] Mr Gerrard Knight appeals the decision of Judge J P Geoghegan in the District Court declining an application for a discharge without conviction, 1 having been found guilty as a result of a Judge alone trial on two charges of indecent assault.2 He was sentenced to six months’ home detention from 6 May 2024.3
[2] Mr Knight says that the District Court Judge erred in his application of the principles for discharging an offender without conviction under ss 106 and 107 of the Sentencing Act 2002 (the Act). He also appeals the Judge’s decision declining permanent name suppression.
The facts
[3] In early 2023 the East Coast of the North Island was struck by Cyclone Gabrielle with devastating consequences. Mr Knight held a leadership role within an emergency response team tasked to assist with the immediate aftermath. The victim of his offending was on the same team. [Redacted pursuant to s 203 of the Criminal Procedure Act 2011]. At that time, Mr Knight was 56 years of age, and the victim was 37 years of age.
[4] The first incident occurred at lunchtime on 18 February 2023, when the team had stopped at a layby near Wairoa for a barbecue. The victim took a number of “selfies” and photographs of the surrounding area. The defendant then suggested that he and the victim be photographed together, which another member of the group volunteered to do. As the defendant and the victim posed for the photo, the defendant stood close to the victim and grabbed her buttocks with his hand. He then announced
1 Police v Knight [2024] NZDC 9951 [Sentencing Notes]. In an earlier reserved judgment dated 30 January 2024 (Police v Knight [2024] NZDC 1660 [Verdicts]) the Judge gave reasons for verdicts and concluded “Mr Knight is accordingly convicted on both charges”. Despite entry of the convictions the Judge went on, at sentencing, to consider a discharge without conviction. No point is taken in terms of the Court’s ability to entertain the appeal which, properly regarded, is one against both conviction and sentence. See Doyle v R [2022] NZCA 307 citing Jackson v R [2016] NZCA 627.
2 Crimes Act 1961, s 135. Maximum penalty seven years’ imprisonment.
3 There was a delay in starting the sentence granted by the Judge in order to allow Mr Knight to return to Christchurch.
to the group that he was “going for a piss” and said to the victim “why don’t you…
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