IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CRI-2021-096-002711
[2024] NZHC 2085
R v
PAUL BARKER LLOYD-JONES
Hearing: 22 July 2024 Appearances:
S A H Bishop and S T Hartley for the Crown P V C Paino for Paul Lloyd-Jones
Judgment:
30 July 2024
JUDGMENT OF GRICE J
(Application for costs)
Introduction
[1] On 21 November 2023, Mr Lloyd-Jones was acquitted in a majority verdict following a three-and-a-half week trial. He and three co-defendants faced manslaughter charges relating to an incident which took place on 4 September 2019 outside a bar owned by Mr Lloyd-Jones. All the defendants were acquitted on the charge; three were found not guilty by a majority.
[2] Mr Lloyd-Jones now seeks costs under the Costs in Criminal Cases Act 1967 (the CCCA). He seeks costs in excess of the scale costs in the Costs in Criminal Cases Regulations 1987 (the Regulations). He contends that the police ought not to have charged him and that the prosecution was brought and conducted unreasonably in
R v LLOYD-JONES (COSTS) [2024] NZHC 2085 [30 July 2024]
several respects. The Crown opposes costs on the basis that Mr Lloyd-Jones has not pointed to any relevant circumstances that justify an award under the CCCA.
Background
[3] At the time of the incident Mr Lloyd-Jones was the owner of a bar in Upper Hutt.
[4] At around 10.30 am on 4 September 2019, the deceased went into the bar. He was behaving strangely. The deceased remained there until approximately 4.15 pm, at which point his behaviour became disruptive and the police were called. Police removed the deceased from the bar and took him home. He was served with a trespass notice and told not to return to the bar.
[5] At approximately 5.48 pm, the deceased returned to the bar in contravention of the trespass notice. He was asked to leave by staff but refused, at which point he was advised that the police had been called. An altercation then developed near the door to the bar. Some of the defendants (including Mr Lloyd-Jones) were involved in physically removing the deceased from the bar. All the defendants then restrained the deceased on the pavement while awaiting the arrival of the police.
[6] Mr Lloyd-Jones’ role in the events started when he was called to the bar due to the disruption caused by deceased, shortly before the altercation took place. He was called by one of his daughters who worked in the bar, and was already aware of the deceased being trespassed as he had been at the bar earlier that day to run some errands. Mr Lloyd-Jones arrived at the bar and started exchanging words with the deceased. He was then part of the group of defendants who pushed the deceased out of the bar and held the deceased down until the police arrived. Mr Lloyd-Jones knelt next to the deceased holding his shoulders down.1
[7] The deceased was restrained by the…
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- R v Lloyd-Jones [2024] NZHC 2085
- Case
- [2024] NZHC 2085
- Decision Date
CaseChat Overview and Summary
The court found that the prosecution acted in good faith and had sufficient evidence to support the charge. While there were delays in bringing the charges, these were not unreasonable given the complexity of the case and the public interest in ensuring a careful investigation. Mr Lloyd-Jones' cooperation and the prosecution's handling of disclosure were also considered. Ultimately, the court concluded that there was no sufficient basis for awarding costs under the CCCA, as the prosecution's actions were reasonable, and the delay did not prejudice Mr Lloyd-Jones. The application for costs was dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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