R v Green CA76/06

In the appeal CA76/06, Bruce Trevor Green appeals against his conviction for indecent assault. The appeal arises from the complainant's recantation of her allegations, asserting that the events leading to Mr. Green's conviction did not occur as originally described. The case was heard by Glazebrook, Hammond, and O'Regan JJ in the Court of Appeal of New Zealand. Counsel for the appellant was C D Savage, while S C Holt represented the Crown.

The court's primary legal issue was whether the conviction should stand given the complainant's recantation and Mr. Green's plea of guilty, which was influenced by the assurance that imprisonment was unlikely. The court had to consider the implications of a guilty plea entered under such conditions and the subsequent admission by the complainant that her earlier allegations were false. The court was also tasked with determining the appropriate legal remedy in light of these developments.

The Court of Appeal allowed the appeal and quashed the conviction. The decision hinged on the fact that Mr. Green's plea of guilty was based on an assurance that he would avoid imprisonment, which was not fulfilled when he was sentenced. Moreover, the complainant's recantation established that the facts upon which Mr. Green was convicted did not exist. The Crown did not oppose the appeal and did not seek a retrial, leading to the decision that no retrial was ordered. This outcome effectively absolves Mr. Green of the conviction, acknowledging the circumstances surrounding his plea and the subsequent retraction by the complainant.