IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI 2015-092-6886 [2016] NZHC 2223
THE QUEEN
v
FEROZ ALI
Hearing: 22, 23, 24, 25, 26, 29, 30, 31 August 2016
1, 2, 6, 7, 8, 9, 12, 13, 14 and 15 September 2016
Counsel:
L Clancy and J M Pridgeon for Crown
P J Broad and S Leith for Mr AliJudgment:
12 September 2016
Reasons:
20 September 2016
REASONS FOR RULING (NO. 3) OF HEATH J
Solicitors:
Crown Solicitor, Manukau
Counsel:P J Broad, Auckland
S Leith, Auckland
R v ALI [2016] NZHC 2223 [12 September 2016]
CONTENTS
Introduction [1] Charges 1 – 15: the trafficking charges
(a) Background [5] (b) The Crown case in outline [8] (c) Section 98D(1)(b): elements of the trafficking charges [20] (d) Principal liability [29] (e) Party liability: s 66(2) [35] (f) Admissibility issues: hearsay? (i) Direct evidence [44] (ii) The co-conspirators’ rule [49] (g) Extra-territorial reach [55]
Charges 16 – 30: aiding and abetting unlawful entry into [58] New Zealand
Charge39: aiding and abetting a person to unlawfully remain in [66] New Zealand
Reliability directions [69] Introduction
[1] Mr Ali was tried, over 18 sitting days, on fifteen charges alleging that he trafficked in human beings by deception (the trafficking charges),1 fifteen of aiding and abetting a person to enter New Zealand unlawfully (the unlawfully entering charges),2 and one charge of aiding and abetting a person to remain in New Zealand unlawfully (the unlawfully remaining charge).3 The Crown case was completed on 8
September 2016. Mr Ali elected not to call or give evidence.
[2] On 9 September 2016, I heard argument on the way in which the jury should be directed on all charges. After the hearing, I asked the Registrar to advise the jury that they would not be required to attend for closing addresses until Tuesday,
13 September 2016. That was done to enable a ruling on all issues to be given on
12 September 2016, so that counsel were aware of the basis on which they could close to the jury.
[3] I gave a ruling on 12 September 2016.4 I said that I would give reasons for my ruling later. These are those reasons.
1 Crimes Act 1961, s 98D(1)(a). The charges fell to be considered in the context of the provision as it stood immediately before the enactment of s 5 of the Crimes Amendment Act 2015 on 7
November 2015.
2 Immigration Act 2009, s 343(1)(b), in the form amended by s 15(1) of the Immigration A ct 2013 from 19 June 2013.
3 Ibid, s 343(1).
4 R v Ali [2016] NZHC 2153. Counsel closed to the jury on 13 September and I summed up on 14
[4] I deal with the issues raised at the hearing on 9 September 2016 in the following order:
(a) I explain the background to the trafficking charges and give my reasons for holding that the Crown was entitled to close on the basis either that…
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