R v H HC Hamilton CRI 2006-419-134

[2006] NZHC 1596

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI 2006-419-134

THE QUEEN

v

H

Hearing:         24, 25, 26, 27, 30, 31 October 2006

1, 2, 3, 6, 9, 10, 13, 14, 15, 17, 20, 21, 22, 23, 24, 27 and 28

November 2006

Counsel:         R G Douch and R L Mann for Crown

P F Gorringe for Accused H   W J Scotter for Accused L   D Allan for Accused F 

A R Laurenson for Accused B  

Judgment:      15 December 2006

VERDICT OF HEATH J

R V H AND ORS HC HAM CRI 2006-419-134  15 December 2006

[2]      H  :

a)        on count 2 of the indictment, I find you guilty b)        on count 3 of the indictment, I find you guilty

c)        on count 5 of the indictment, I find you not guilty d)   on count 14 of the indictment, I find you guilty

e)       on count 15 of the indictment, I find you guilty f)        on count 16 of the indictment, I find you guilty g)       on count 18 of the indictment, I find you guilty h)       on count 19 of the indictment, I find you guilty i)        on count 20 of the indictment, I find you guilty

[3]      L:

a)        on count 26 of the indictment, I find you not guilty b) on count 29 of the indictment, I find you not guilty

[4]      F  , on count 30 of the indictment. I find you guilty.

[5]      Mr H   on the counts on which I have found you guilty, you are convicted. You are remanded for sentence at 2.00pm on 31 January 2007.   I require a pre- sentence report for sentencing.  You are discharged on count 5.

[6]      So far as the terms of your remand are concerned, you will be released on existing terms of bail.  They mirror the terms on which you are currently released on home detention in respect of the sentence you are serving.  If you are recalled from that,  bail  will  cease.    Otherwise,  bail  will  continue  until  such  time  as  you  re sentenced.

[7]      You will have heard me say to Mr Gorringe that I recognise there is a totality issue that is involved that needs careful consideration so far as your situation is concerned.

[8]      In relation to the charges you face in this Court on the money laundering indictment, Mr Douch has indicated that he does not intend to call evidence on that. In those circumstances you are discharged under s 347 of the Crimes Act 1961 in respect of counts 1, 2, 7 and 8 of that indictment.

[9]      Mr Douch has indicated that he does not intend to proceed on the other charges which are currently before the District Court.  In those circumstances, I lift the suppression order that has been in force in relation to you as you are no longer at risk of further prosecution.

Mr B    and Mr F 

[10]     Mr B    and  Mr  F  ,  you  are  both  stood  down  until  2.15pm  this afternoon. I do not require you to be put into custody.  I will release you on bail over the break.  You can come back then and we will see whether remaining issues can be resolved at that time or not.

Mr L 

[11]     Mr L  , having found you not guilty on both charges that you faced in the trial earlier, you are discharged on those charges.

[12]     I make an order transferring the remaining indictment on which  you are charged and the indictment relating to the money laundering charges to the District Court for trial.

[13]     All accused, in relation to those indictments, are remanded on existing terms of bail to appear at District Court callover at Hamilton at 9am on 1 March 2007.

Addendum

[14]     Mr  Laurenson,  on  behalf  of  Mr  B   ,  has  asked  me  to  vacate  the conviction entered earlier this morning so that Mr B    has an opportunity to make an application for discharge without conviction.   Mr Laurenson makes clear that the application would be supported by evidence of a type which I did not have the opportunity to consider during the course of the trial.

[15]     Mr Douch does not oppose the opportunity to advance a submission that Mr

B    is entitled to be discharged without conviction.

[16]     In  those  circumstances,  I make an  order  vacating  the  conviction  entered earlier today on the basis of my finding that Mr B    was guilty on count 1.

[17]     I make the following timetabling directions:

[a]       Mr B    shall file and serve an application and any supporting affidavits on or before 23 February 2007.

[b]       The Crown shall file and serve a memorandum on or before 22 March

2007 specifying briefly its attitude to the application and whether any

witnesses  are  required  for  cross-examination  at  the  sentencing hearing.

[18]     Sentencing will take place at 11.00am on 29 March 2007 in this Court.   I

require a pre-sentence report.

[19]     Pending sentence, Mr B    will be remanded on terms of bail mirroring those to which he has been subjected to date.

P R Heath J