IN THE COURT OF APPEAL OF NEW ZEALAND
CA642/2009
[2010] NZCA 171BETWEENVINCENT PATRICK LEONARD
Appellant
ANDTHE QUEEN
Respondent
Hearing:3 and 4 May 2010
Court:Chambers, Potter and Miller JJ
Counsel:K C Bailey for Appellant
N P Chisnall and A L Patterson for Crown
Judgment:5 May 2010 at 10.30 am
Reasons: 2 June 2010
JUDGMENT OF THE COURT
A The appeal against conviction is allowed.
B All the verdicts are set aside and the convictions are quashed.
C No order for retrial.
REASONS OF THE COURT
(Given by Chambers J)
Table of Contents
Para No
An arson in Whangarei [1]
Grounds of appeal [5]
Were the verdicts unreasonable?
The test [9]
The Crown case against Mr Leonard [11]
(a) An inside job and Mr Leonard had been an insider [12]
(b)Mr Leonard was away from his home when the arson
took place [34]
(c) Mr Leonard attempted to set up an alibi [37]
(d) Mr Leonard had a motive [39]
(e) The surveillance camera evidence [60]
(f) The accelerant the arsonist used [90]
Conclusion [94]
Result [101]
An arson in Whangarei
[1] On the morning of Sunday, 12 November 2006, somebody intentionally started a fire at the business premises of Pat Gavin Kitchens in Whangarei. The fire caused considerable damage. On the Monday, Detective Andrew Clubley was assigned to the investigation. Within two days he thought he had cracked the case. The culprit, he believed, was Vincent Leonard, the former Production Manager of Gavins. That day, he swore an affidavit in support of an application for a search warrant. In it, he expressed the belief that Mr Leonard “was responsible for the arson and burglary”. The affidavit contained little to support that belief. But the affidavit suggested the police had one piece of evidence that was telling. That was footage from surveillance cameras on a neighbouring building. According to Detective Clubley, those cameras had “captured a person fitting the description of Vincent Leonard” at about the time the fire occurred. A search warrant was issued, permitting the police to search Mr Leonard’s home.
[2] The next morning, Detective Clubley swore an identical affidavit in support of an application to search Mr Leonard’s work address. That warrant too was issued. Before those warrants were executed, Detective Clubley arrived unannounced at Mr Leonard’s workplace and said he would like to speak to him about the arson at Gavins. He invited Mr Leonard to come to the Whangarei Police Station. Mr Leonard agreed. The detective gave Mr Leonard his rights. Mr Leonard agreed to be interviewed, the interview being recorded on videotape. Mr Leonard’s account was entirely exculpatory. Immediately after the interview, Mr Leonard was arrested and charged with the arson and burglary. While this was going on, other police officers were executing the warrants at Mr Leonard’s home and workplace. They seized various items of interest.
[3] Mr Leonard’s first trial resulted in a hung jury. His second trial was aborted part way through.[1] The third trial, which took place in June last…
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- AGLC
- Leonard v The Queen [2010] NZCA 171
- Case
- [2010] NZCA 171
- Decision Date
CaseChat Overview and Summary
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
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Ratio Decidendi
Legal Principle Established
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