| NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS, OF COMPLAINANT PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. |
| IN THE SUPREME COURT OF NEW ZEALAND |
| SC 67/2016 [2016] NZSC 117 |
| BETWEEN | PETER ALAN HUTCHINS |
| AND | THE QUEEN |
| Court: | William Young, Arnold and OʼRegan JJ |
Counsel: | C J Tennet for Applicant |
Judgment: | 31 August 2016 |
JUDGMENT OF THE COURT
A An extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
____________________________________________________________________
REASONS
The applicant was convicted after a retrial of one count of sexual violation by unlawful sexual connection and one count of sexual violation by rape. He appealed to the Court of Appeal alleging that the trial Judge had made factual errors in his summing up, had misdirected the jury in certain respects and had failed to put the defence case adequately. He also sought to appeal his sentence on the ground it was manifestly excessive. The appeal was dismissed.[1]
[1]Hutchins v R [2016] NZCA 173 (Stevens, Simon France and Ellis JJ) [Hutchins (CA)].
The applicant seeks to appeal against the Court of Appeal decision. The application was made out of time but the respondent takes no issue with an extension of time being granted. We grant the extension.
The first ground on which leave is sought relates to the direction given by the trial Judge on the burden of proof. This direction did not follow the guidance given by the Court of Appeal in R v Wanhalla.[2] The Court of Appeal highlighted certain deficiencies in the direction, but formed the view that there was no real risk that the jury misconstrued the standard of proof.[3] The Court concluded that no risk of miscarriage arose.[4]
The applicant wishes to argue in this Court that the departures from the guidance given in R v Wanhalla led to a miscarriage of justice in the present case. He refers to the deficiencies identified by the Court of Appeal and in addition the reference in the question trail given to the jury by the Judge which refers to the need for the jury to “feel sure”, which he argued downplayed the importance of the requisite standard of proof. He argued that, given the importance of the burden and standard of proof in every criminal trial, the departure from the guidance given in R v Wanhalla should have led to a finding of a miscarriage of justice and an order for a retrial.
The Court of Appeal’s assessment of the likely impact of the Judge’s direction on the burden and standard of proof was specific to the direction he gave and the facts of the particular case. We do not see any point of public importance arising. Nor do we consider that there is any real risk of a miscarriage of justice…
Keep reading for free
Create a free CaseChat account to read Peter Alan Hutchins v The Queen and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2016] NZSC 117
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the trial judge's direction on the burden of proof deviated from established jurisprudence in a manner that risked a miscarriage of justice and whether certain factual questions posed by the trial judge during the summing up unfairly influenced the jury. Additionally, the applicant argued that his sentence was manifestly excessive. The court needed to determine whether these issues warranted an appeal and, if so, whether they raised matters of public importance or risk of miscarriage of justice.
The Supreme Court found that the trial judge's direction on the burden of proof, while not following the guidance in R v Wanhalla, did not pose a real risk of miscarriage of justice. The Court of Appeal had already assessed the direction and concluded there was no such risk. Similarly, the court found no merit in the applicant's argument regarding the factual questions posed by the trial judge, as these were not deemed prejudicial by the Court of Appeal. Regarding the sentence, the Supreme Court did not see the need to intervene, given the Court of Appeal's assessment. The court ultimately dismissed the application for leave to appeal.
The Supreme Court granted the applicant an extension of time to apply for leave to appeal but dismissed the application itself. The court found that the issues raised did not meet the threshold for leave to appeal, either because they were factually specific or because there was no real risk of miscarriage of justice.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.