ORDER PROHIBITING PUBLICATION OF REFERENCES TO RESTRAINT ORDERS AND THE OTHER PROCEEDINGS AT [40], [57] AND [67] IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2015-092-011253
[2016] NZHC 416
THE QUEEN v
JEREMY HAMISH KERR
Hearing: 23 February 2016, 10 March 2016 Appearances:
C Gordon QC and Z Hamill for Crown J Billington QC for Defendant
Judgment:
10 March 2016
JUDGMENT OF VENNING J ON DISPUTED FACT HEARING
Solicitors: Kayes Fletcher Walker, Auckland
Anthony Harper, Auckland
Copyto: J Billington QC, Auckland D Hughes, Auckland
R v KERR [2016] NZHC 416 [10 March 2016]
Introduction
[1] Jeremy Hamish Kerr has pleaded guilty to two counts of blackmail. The charges relate to letters he sent in November 2014 to the Chief Executive Officers of Fonterra and Federated Farmers. Mr Kerr enclosed samples of 1080 poison blended with New Zealand dairy infant formula with the letters. The letters threatened that if, after 27 March 2015 1080 was still in use in New Zealand then several New Zealand infant and other formula with traces of 1080 would be released into the retail chain in the Chinese and one other market.
[2]Section 237 of the Crimes Act 1961 provides:
237 Blackmail
(1)Every one commits blackmail who threatens, expressly or by implication, to make any accusation against any person (whether living or dead), to disclose something about any person (whether living or dead), or to cause serious damage to property or endanger the safety of any person with intent—
(a)to cause the person to whom the threat is made to act in accordance with the will of the person making the threat; and
(b)to obtain any benefit or to cause loss to any other person.
(2)Every one who acts in the manner described in subsection (1) is guilty of blackmail, even though that person believes that he or she is entitled to the benefit or to cause the loss, unless the making of the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose.
(3)In this section and in section 239, benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.
[3]Mr Kerr was charged in each case with:
On or about 26 November 2014, at Auckland threatened expressly to endanger the safety of any person, namely infants who ingest dairy infant formula, by releasing infant milk formula into the Chinese market and one other retail market, contaminated with traces of sodium fluoroacetate (1080), with intent to cause [Federated Farmers/Fonterra], to act in accordance with the will of Jeremy Hamish Kerr, the person making the threat, to cause [Federated Farmers/Fonterra] to pressure the New Zealand Government to stop the use of sodium fluoracetate (1080) in New Zealand, and thereby to obtain a benefit.
[4] For present purposes the relevant elements of the two counts to which Mr Kerr has pleaded guilty are:
(a)the express threat;
(b)to endanger the safety of infants;
(c)with intent to cause Fonterra and Federated Farmers to act in accordance with his will, namely…
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