NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF THE CHILD COMPLAINANT
PROHIBITED BY S 204 OF THE CRIMINAL PROCEDURE ACT 2011. SEE
IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY
I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE
CRI-2018-463-31
[2019] NZHC 18
BETWEEN NISHANT
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 13 December 2018 Counsel:
C Horsley for appellant A J Pollett for respondent
Judgment:
21 January 2019
JUDGMENT OF KATZ J
This judgment was delivered by me on 21 January 2019 at 4.30 pm Pursuant to Rule 11.5 High Court Rules
Registrar/Deputy Registrar
Solicitors: Pollett Legal Limited, Office of the Crown Solicitor, Tauranga Counsel: C Horsley, Barrister, Tauranga
NISHANT v NEW ZEALAND POLICE [2019] NZHC 18 [21 January 2019]
Introduction
[1] On 2 March 2018 the appellant, who goes by the single name Nishant, was tried in a Judge-alone trial at the Tauranga District Court before Judge T R Ingram. He was acquitted of two charges of assault on a child and found guilty of one charge of male assaults female and one charge of assault on a child.1 Nishant now appeals against his convictions.
Background
[2] Nishant faced one charge of male assaults female, relating to Ms A, and three charges of assault on a child – Ms A’s child (referred to as “the child” to protect her identity). The child was aged eight at the time of the offending, and nine when she gave evidence at trial.
[3] Nishant was in a relationship with Ms A for several years. It came to an end in early July 2017. During the course of the relationship, Nishant applied for and was granted a temporary residence permit, based on his relationship status. Ms A’s evidence was that once Nishant had obtained New Zealand residence status, his attitude to her and her daughter changed to one of indifference. He no longer played a meaningful part in family life. He wanted the child to leave the household and to go and live with her father.
[4] Nishant faced four charges, arising out of two incidents of alleged offending, on 20 and 21 March 2016. The Judge summarised the evidence of Ms A and the child relating to the 20 March 2016 incident as follows:2
The evidence was that both the defendant and [Ms A] were seated on a couch…The essence of the allegation is that the defendant lost his temper with [Ms A], as a result of which he put his hands around her neck and began to choke her. Thereupon the child… came across the room and hit the defendant, who then used one hand to slap her about the head, which caused her to bleed from the mouth and blood was left on the carpet.
[The child] also alleged that the defendant gave her what are known as Chinese burns, which in New Zealand is widely understood to mean two hands
1 New Zealand Police v Nishant [2018] NZDC 21250.
2 At [3] and [4].
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