R v Kerr CA167/04

[2004] NZCA 344

IN THE COURT OF APPEAL OF NEW ZEALAND

CA167/04

THE QUEEN

v

VONRICK CHRISFORD KERR

Hearing:         30 September 2004 Coram:  Hammond J

Wild J France J

Appearances: N Levy for Appellant

G C de Graaff for Crown Judgment:     14 October 2004

JUDGMENT OF THE COURT

[1]                Mr Kerr was charged with injuring with intent to injure. He was convicted  by a jury on his trial in the District Court at Wellington. Subsequently Mr Kerr was sentenced to a term of imprisonment, which he is still serving.

[2]                The appeal against conviction was heard by this Court on 30 September 2004. The Court reached the view that it should allow new evidence with respect to the appeal; it further determined (subsequent to the hearing date) that it would allow a further affidavit with respect to that fresh evidence, and further written submissions from counsel. That material was duly filed with the Court.

R V VONRICK KERR CA CA167/04 [14 October 2004]

[3]                In light of this further material, the Court has concluded that the conviction should be set aside, and a new trial directed. In the interests of fairness to the appellant we are delivering this judgment now, in short form. Formal reasons for the judgment of the Court will be delivered as soon as we are conveniently able to do so.

[4]The appeal is allowed, the conviction is set aside, and we direct a new trial.

[5]By consent, Mr Kerr will have bail on these terms:

(a)he is to reside at 3/30 Quebec Street, Kingston, or at such other address as the police may approve, in writing;

(b)he is not to enter the Southern Cross or Indigo taverns;

(c)Mr Kerr is not to contact, in any manner at all, the Crown witnesses.

Solicitors:
Crown Law Office, Wellington