| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA390/2017 [2019] NZCA 83 |
| BETWEEN | MICHAEL JOSEPH O’BRIEN |
| AND | THE QUEEN |
| CA394/2017 | ||
| BETWEEN | KEVIN MARTIN COFFEY | |
| AND | THE QUEEN | |
| Hearing: | 21 May 2018 |
Court: | Williams, Venning and Mander JJ |
Counsel: | R B Squire QC for Appellant O’Brien |
Judgment: | 1 April 2019 at 3 pm |
JUDGMENT OF THE COURT
AThe application to adduce fresh evidence in CA390/2017 is granted.
BThe appeal in CA390/2017 is dismissed.
CThe appeal in CA394/2017 is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Williams J)
Table of Contents
Introduction [1]
Background [5]
Class 4 gambling licences [5]
The DIA forms a negative view of Michael O’Brien [9]
Bluegrass obtains licences [12]
SFO Investigation [20]
The charges [21]
The Bluegrass charges [24]
The venue charges [28]
High Court verdicts [32]
Charge 11: Bluegrass operators’ licence - Michael O’Brien and Mr Coffey [32]
(a) Deception [33]
(b) Causation [38]
(c) Value [40]Charge 12: Michael O’Brien’s control of Bluegrass grants [42]
Charge 12: Mr Coffey’s role in relation to Bluegrass grants [50]
Venue licences: Michael O’Brien and Mr Max [52]
Charge 14: Hardy’s Bar [54]
Charge 13: The Hardware Bar [56]
Charge 15: The Terrace Tavern [58]
Specific defence challenges to venue charges [61]
Application to adduce further evidence on appeal [70]
Charge 11: Michael O’Brien’s appeal against conviction [73]
Causation [73]
Analysis [75]
Valuation [81]
Analysis [84]
Charge 11: Mr Coffey’s appeal against conviction [89]
Causation [90]
Analysis [91]
Benefit [100]
Value [104]
Benefit and intention [105]
Charge 12: Michael O’Brien’s appeal against conviction [110]
Analysis [114]
Charges 13–15: The Venue Licences [123]
The causation issues [126]
Venue licence value [136]
Validity of the venue licence in Charge 15 [140]
Sentence appeal: Michael O’Brien [145]
The sentence [145]
Submissions [152]
Analysis [153]
Conclusion [158]
Sentence appeal: Mr Coffey [159]
Analysis [167]
Conclusion [169]
Result [170]
Introduction
On 15 June 2017, following a Judge alone trial, the appellants Michael O’Brien and Kevin Coffey were found guilty and convicted by Dobson J of offences arising out of a gambling licencing scheme orchestrated by Michael O’Brien.[1]
[1]R v O’Brien [2017] NZHC 1317 [Verdicts judgment].
Michael O’Brien was convicted of five counts of obtaining a benefit by deception and sentenced to four years and six months’ imprisonment.[2] Mr Coffey was convicted of one count of obtaining a benefit by deception and sentenced to 12 months’ home detention.[3]
[2]R v O’Brien [2017] NZHC 1625 at [65] [Sentencing notes].
[3]Sentencing notes, above n 2, at [65].
Both men appeal against conviction and sentence.
For completeness, we note that two other men were charged with related offending. Paul Max was convicted as a co-offender on three of the five counts on which Michael O’Brien was convicted. He has not appealed. Patrick O’Brien (Michael O’Brien’s father) was also charged as a co-offender with Michael O’Brien on the remaining two charges but…
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- AGLC
- O'Brien v The Queen [2019] NZCA 83
- Case
- [2019] NZCA 83
- 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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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