R v Hickey

[2013] NZHC 134

IN THE HIGH COURT OF NEW ZEALAND WANGANUI REGISTRY

CRI 2012-083-1614 [2013] NZHC 134

THE QUEEN

v

FRANK RANGIAHAU HICKEY

Hearing:         4 February 2013 (AVL Conference) Counsel:   L C Rowe for Crown

D Goodlet for Accused

Judgment:      5 February 2013

JUDGMENT OF RONALD YOUNG J

[1]      The Crown make an application pursuant to s 345(3) of the Crimes Act 1961 for leave to file an indictment containing nine counts, two of indecent assault on a girl under 12 years; four of sexual violation; one of rape; one of attempted sexual violation and one of indecent assault.

[2]      Mr Hickey was on 6 November 2012 committed for trial on one charge of sexual violation.  The matter was transferred by the High Court to the District Court on 20 November 2012 in accordance with s 184(Q) of the Summary Proceedings Act 1957.

[3]      On 10 December 2012 the Police re-interviewed the complainant and as a result there was significant further disclosure of alleged offending.   Accordingly, given this evidence was not available at depositions, leave is required from the High

Court to file an indictment in this Court.

R V FRANK RANGIAHAU HICKEY HC WANG CRI 2012-083-1614 [5 February 2013]

[4]      There is no opposition from counsel for the accused.  I am satisfied that based on the evidence provided in support of the application that there is evidence to justify each of the counts in the indictment.   I am also satisfied that it is in the interests of justice to grant the application.

[5]      I,  therefore,  give  consent  to  the  indictment  identified  annexed  to  the application, being filed in the High Court of New Zealand at Wanganui.  I also order that  these  proceedings  be  transferred  to  the  District  Court  for  trial  once  the

indictment is filed.

Ronald Young J

Solicitors:

L C Rowe, Crown Solicitor, Armstrong Barton, Wanganui, email:  [email protected]

D Goodlet, Barrister & Solicitor, Wanganui, email:  [email protected]