R v Gottermeyer

[2013] NZHC 270

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2012-009-7705 [2013] NZHC 270

REGINA

v

PAUL ANDREW GOTTERMEYER

Hearing:         20 February 2013

On the Papers

Judgment:      20 February 2013

JUDGMENT OF FOGARTY J

[1]      TVNZ revisit their application to film the minimum non-parole hearing of the sentencing in R v Gottermeyer.  The Crown do not oppose, subject to compliance with the media guidelines.  The defence oppose the application, but Mr Greig is not in a position to advance any more principle grounds.

[2]      Radio NZ seek a recording of the sentencing.

[3]      Consistent  with  my  reasoning  in  R  v  Sila,  I  am  of  the  view  that  it  is appropriate for prisoners for sentence to be filmed where they are convicted of serious offences.

[4]      I delayed making that decision until I had further information as to the mental health of the prisoner.   I am satisfied, based on the latest report, that there is no mental health reason as to why he should not be subject to the filming.  For these

reasons, the application to film the hearing is granted, subject to compliance with the

R V GOTTERMEYER HC CHCH CRI-2012-009-7705 [20 February 2013]

media guidelines  and  subject  to  the particular  condition  that  the filming of the prisoner is to last no more than five minutes and is to be confined to him being arraigned in the dock for sentencing.  He is not to be filmed at any other time in the hearing.

Solicitors:

Raymond Donnelly & Co, Christchurch

A S Greig, Christchurch

Cc:  Media Applicants