| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA392/2021 [2022] NZCA 199 |
| BETWEEN | JATINDER SINGH MOMI |
| AND | THE QUEEN |
| CA335/2021 | ||
| BETWEEN | AMANDEEP SINGH | |
| AND | THE QUEEN | |
| CA396/2021 | ||
| BETWEEN | RAVJOT SINGH DHILLON | |
| AND | THE QUEEN | |
| Hearing: | 29 March 2022 |
Court: | Gilbert, Woolford and Dunningham JJ |
Counsel: | R M Mansfield QC and J Oliver-Hood for Appellant in CA392/2021 |
Judgment: | 20 May 2022 at 9 am |
JUDGMENT OF THE COURT
AMr Momi’s appeal against conviction in CA392/2021 is dismissed.
BMr Momi’s appeal against sentence in CA392/2021 is dismissed.
CMr Singh’s appeal against conviction in CA335/2021 is dismissed.
DMr Dhillon’s application to adduce further evidence in CA396/2021 is granted.
EMr Dhillon’s appeal against the refusal to discharge him without conviction in CA396/2021 is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Gilbert J)
Following a trial by jury in the High Court at Auckland, Messrs Momi and Singh were each found guilty of:
(a)wounding with intent to cause grievous bodily harm to Hardeep Hayer (Mr Hayer) (charge 1);
(b)wounding with intent to cause grievous bodily harm to Manpreet Singh (Mr Manpreet Singh) (charge 2); and
(c)assault with intent to injure Gursharan Singh (Mr Gursharan Singh) (charge 3).
Mr Dhillon was found guilty on charge 3.
Lang J sentenced Mr Momi to five years and nine months’ imprisonment and Mr Amandeep Singh to four years and nine months’ imprisonment.[1] The Judge declined Mr Dhillon’s application to be discharged without conviction and sentenced him to 100 hours’ community work.[2]
[1]R v Momi [2021] NZHC 1384 [Sentencing judgment].
[2]R v Dhillon [2021] NZHC 1454 [Dhillon judgment].
Mr Momi appeals against his conviction on all three charges, contending the jury’s verdicts were unreasonable.
In the event his conviction appeal is dismissed, Mr Momi appeals against his sentence arguing that the starting point of eight years, six months’ imprisonment which the Judge adopted was manifestly excessive. He contends the starting point ought to have been the same as for Mr Amandeep Singh, namely seven years’ imprisonment. He observes that the Crown did not seek to differentiate between him and Mr Amandeep Singh at sentencing.
Mr Amandeep Singh also appeals against his conviction on all three charges. He contends that a miscarriage of justice occurred as a result of what the prosecutor said to the jury in his closing address about identification evidence which was signalled in opening, but not given in evidence.
Mr Dhillon accepts the jury’s verdict but appeals against the Judge’s refusal to grant him a discharge without conviction. He accepts the decision is unimpeachable on the basis of the information that was before the Judge. However, he applies to adduce further evidence in support of his appeal which he says demonstrates that the consequences of a conviction are significantly more serious than the Judge understood. The Crown does not oppose the introduction of this further…
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- Momi v The The Queen [2022] NZCA 199
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- [2022] NZCA 199
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