| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA18/2017 [2018] NZCA 350 |
| BETWEEN | ALASTAIR SCOTT KNIGHT |
| AND | THE QUEEN |
| Hearing: | 16 August 2018 |
Court: | Kós P, French and Miller JJ |
Counsel: | C M Ruane for Appellant |
Judgment: | 6 September 2018 at 11 am |
JUDGMENT OF THE COURT
The appeal against conviction is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by French J)
Introduction
Mr Knight was convicted at trial of burglary and receiving charges.[1]
[1]He was sentenced to four years six months’ imprisonment: R v Knight [2016] NZDC 25871.
He now appeals some of the convictions on the grounds that propensity evidence was wrongly admitted and that the jury’s verdicts were unreasonable being almost entirely based, as he says they must have been, on the unreliable evidence of a co-offender.
Background
Mr Knight stood trial on 12 charges relating to a spate of burglaries in the Christchurch area. His partner Ms Blackburn, who was also charged as a co-offender, is the focus of this appeal.
The charges and the trial outcomes can be summarised in table form as follows.
| Charge | Offence | Particulars | Outcome | Appeal status | Outcome for Ms Blackburn |
| 1 | Receiving over $1,000 | Chainsaw | Discharged at close of Crown case | ||
| 2 | Burglary | 2 March 2015, Derby Street | Guilty | Appealed | Pleaded to burglary |
| 3 | Receiving $500 or less | Lawn mower | Guilty | Not appealed | |
| 4 | Burglary | 23 March 2015, Brigham Drive | Guilty | Appealed | Pleaded to burglary |
| 5 | Possession of instruments for burglary | 27 March 2015 | Guilty | Appealed | Pleaded to possession of instruments |
| 6 | Possession of methamphetamine pipe | 27 March 2015 | Not Guilty | ||
| 7 | Receiving over $1,000 | Trumpet stolen from Mistral Street | Discharged at close of Crown case | Pleaded to receiving trumpet | |
| 8 | Burglary | 28 April 2015, Old West Coast Road | Guilty | Appealed | Pleaded to burglary |
| 9 | Burglary | 29 April 2015, Finlays Road | Guilty | Appealed | Pleaded guilty to burglary |
| 10 | Burglary | 30 April 2015, Lower Styx Road | Guilty | Appealed | Pleaded to receiving |
| 11 | Burglary | 4 May 2015, Old West Coast Road | Guilty | Not appealed | Pleaded to burglary |
| 12 | Possession of instruments for burglary | 4 May 2015 | Not Guilty | Pleaded to burglary |
As noted in the table Mr Knight does not appeal charge 11. Mr Knight and Ms Blackburn were observed entering the property which was the subject of that burglary and arrested at a petrol station immediately afterwards.
The charges which are the subject of the appeal are burglary charges two, four, eight, nine and 10 and the charge of possession of burglary instruments.
The evidence of Ms Blackburn
Ms Blackburn pleaded guilty and made two statements to police. In those statements she said relevantly that she and Mr Knight had burgled the Brigham Drive property (charge four) and that Mr Knight had burgled the properties that were the subject of charges eight, nine, and 10 without her.[2]
[2]Ms Blackburn accepted that she was present for some of these other burglaries but denied entering the houses.
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- AGLC
- Knight v The Queen [2018] NZCA 350
- Case
- [2018] NZCA 350
- Decision Date
CaseChat Overview and Summary
The court considered the arguments that the evidence linking Mr Knight to the burglaries was unreliable and that the jury should not have considered the propensity evidence. The court rejected these arguments, finding that the trial judge provided a thorough and appropriate direction to the jury regarding the use of propensity evidence. The court held that the evidence was properly before the jury and that the judge's direction was appropriate. The similarities between the burglaries, such as the mode of entry, the timing, and the proximity to Mr Knight's residence, were deemed probative of identity and could be considered by the jury.
In conclusion, the Court of Appeal found that the appeal lacked merit, and the convictions were upheld. The appeal against conviction was dismissed, and the original sentence was maintained.
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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