NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF COMPLAINANTS PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. SEE
IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE
CRI-2019-088-1656
[2021] NZHC 626
THE QUEEN v
MYLES ANTHONY BRUCE
Hearing: 2 December 2020 Counsel:
M B Smith and S T Patia for Crown
W D McKean and S L Plaisted for Defendant
Judgment:
3 December 2020
Reasons:
26 March 2021
JUDGMENT OF BREWER J
This judgment was delivered by me on 26 March 2021 at 11:00 am
Registrar/Deputy Registrar
Solicitors:
MWIS Lawyers (Whangarei) for Crown WRMK Lawyers (Whangarei) for Defendant
R v BRUCE [2021] NZHC 626 [3 December 2020]
Introduction
[1] On 3 December 2020, I delivered a results judgment1 on applications for discharge under s 147 of the Criminal Procedure Act 2011 made by Mr Bruce at the close of the Crown case.
[2] Mr Bruce stood trial on 44 charges of sexual and physical violence relating to five adult complainants. The charges related to the period December 2000 to January 2015. During this period Mr Bruce entered into domestic relationships with the five complainants. He was 17 years old at the beginning of the period. He applied to be discharged on charges 1, 17, 18, 21, 23, 26, 30, 32, 34, 40 and 42. I dismissed Mr Bruce’s applications in respect of charges 23, 30, 32, 34 and 40. I granted his applications in respect of charges 1, 21 and 42. I dismissed his applications in respect of charges 17, 18 and 26 but amended them from charges of injuring with intent to injure to charges of male assaults female.
[3] I now give reasons for my decisions. I address the charges in the three groups above: the dismissed applications, the granted applications, and the charges which I amended.
Dismissed applications
[4] The complainants BW, HS, SR, and EH all gave accounts of particular occasions on which they alleged sexual contact took place without their consent. Those occasions were made the subjects of specific charges. Each complainant also gave general evidence of the course of their relationship with Mr Bruce and alleged that on many occasions there was sexual contact to which they did not consent. These allegations were the subject of representative charges.
[5] A representative charge is brought where a complainant alleges that a criminal act occurred more than once but the complainant cannot differentiate them. To sustain a representative charge, there must be sufficient evidence to go to the jury that the charged act occurred on at least one occasion.
[6] Mr Bruce applied for discharge on charges 23, 30, 32, 34 and 40. All were charges of sexual violation in some form and all were representative charges.
[7] On the representative charges, Mr McKean’s submission was there was insufficient evidence that the complainants did not consent to the sexual contact charged and there was insufficient evidence…
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CaseChat Overview and Summary
The legal issues centered around the definition of consent and whether the complainants' alleged lack of consent could be substantiated by the evidence presented. The court had to consider whether the evidence was sufficient to establish that Mr. Bruce did not believe on reasonable grounds that the complainants consented to the sexual acts. The court also had to decide if the evidence could support a finding that the complainants' consent, if given, was not freely and voluntarily given but rather a submission to Mr. Bruce's demands due to his overborne will.
Brewer J concluded that the jury could reasonably convict on certain charges based on the complainants' accounts of repeated non-consensual sexual acts and the pattern of behavior that left no doubt of the absence of consent. For instance, in the case of HS, the court found that her testimony about being mentally and emotionally drained, feeling powerless, and submitting to Mr. Bruce's demands due to his relentless pressure could support a finding of non-consensual sexual acts. However, the court also found that in some instances, such as the camping incident involving HS, the evidence did not support a finding of non-consensual sex, as the complainant had consented, albeit reluctantly, to avoid further conflict.
The court granted Mr. Bruce's applications for discharge on certain charges where the evidence was deemed insufficient to prove the elements of the offence. For example, on charges of threatening to kill, the court found that the complainants did not provide evidence of specific threats that could be substantiated by the prosecution. The court also amended certain charges from injuring with intent to injure to male assaults female where the complainants did not provide evidence of injury, and the defence did not identify any illegitimate prejudice from the amendment.
Ultimately, the jury acquitted Mr. Bruce on several charges but convicted him on the remaining 33 charges. The court's detailed analysis and application of the law of consent and the evidence presented provide a comprehensive understanding of the criteria for determining consent and the sufficiency of evidence in sexual violence cases.
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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