R v Kingsbeer

[2007] NZCA 287

THE JUDGMENT AND REASONS THEREFOR ARE NOT TO BE PUBLISHED IN NEWS MEDIA OR ON THE INTERNET OR IN ANY OTHER PUBLICLY ACCESSIBLE DATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION IN LAW REPORT OR LAW DIGEST PERMITTED.

NOTE:  PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 139 CRIMINAL JUSTICE ACT 1985.

IN THE COURT OF APPEAL OF NEW ZEALAND

CA352/06 [2007] NZCA 287

THE QUEEN

v

ALWYN KINGSBEER

Hearing:         11 June 2007

Court:            Ellen France, Ronald Young and Keane JJ Counsel:    N Levy for Appellant

M F Laracy for Crown

Judgment:      11 July 2007         at 10 am

JUDGMENT OF THE COURT

AThe  appeal  is  allowed  to  the  extent  that  the  convictions  on  count  3 (assault with a weapon) and count 4 (sexual violation by unlawful sexual

connection) are quashed.

R V KINGSBEER CA CA352/06  11 July 2007

B        A retrial is ordered on counts 3 and 4.

CThe concurrent sentences of 18 months imprisonment on each of the assault charges (counts 2, 5 and 6) are affirmed.

D        Bail with respect to counts 3 and 4 is to be dealt with in the District

Court.

[Reasons to follow]

Solicitors:

Crown Law Office, Wellington