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ORDER PROHIBITING PUBLICATION OF THE REASONS FOR THIS JUDGMENT IN THE NEWS MEDIA OR ON INTERNET OR IN ANY OTHER PUBLICLY ACCESSIBLE DATABASE UNTIL FINAL DISPOSITION OF THE NEW TRIAL. PUBLICATION IN A LAW REPORT OR A LAW DIGEST IS, HOWEVER, PERMITTED.
IN THE COURT OF APPEAL OF NEW ZEALAND
CA354/2008 [2009] NZCA 333
THE QUEEN
v
IONA PEATO
Hearing: 15 July 2009
Court: Chambers, Randerson and Keane JJ Counsel: S J Lance for Appellant
J M Jelas for Crown Judgment: 29 July 2009 at 10.30 am Reasons: 15 September 2009
JUDGMENT OF THE COURT
A The appeal against conviction is allowed. B The convictions are quashed.
C A retrial is ordered on both counts in the indictment.
DAn order is made that the reasons for this judgment are not to be published in news media or in any other publicly accessible database
R V PEATO CA CA354/2008 [29 July 2009]
until final disposition of the new trial. Publication in a law report or a law digest is, however, permitted.
REASONS OF THE COURT
(Given by Randerson J)
Introduction
[1] On 29 July 2009 we allowed Mr Peato’s appeal against conviction. We also quashed his convictions and ordered a retrial. These are the reasons for our decision.
[2] The appellant was convicted after a trial before Judge Weir and a jury in the District Court on one count of injuring with intent to injure under s 189(2) Crimes Act 1961 and one count of wounding with intent to cause grievous bodily harm under s 188(1) Crimes Act. He was sentenced on 22 May 2008 to six and a half years imprisonment on the lead charge of wounding with a concurrent sentence of two and a half years’ imprisonment on the injuring charge.
[3] The charges against the appellant arose from a fight on 24 September 2006 both inside and outside a Rotorua bar during which a security officer was allegedly punched, kicked and attacked with a broken beer bottle. It was alleged that the attack outside the bar involved a number of participants of whom the appellant was one. The Crown alleged the appellant broke a bottle and then attacked the victim around the head with it.
[4] The appellant admitted to the police he had been responsible for punching the victim but denied any other involvement. In particular, he denied kicking the victim or having any part in or knowledge of the alleged attack on the victim with a bottle.
[5] The Crown case turned substantially upon the evidence of the victim and two female witnesses, a Ms Te Nahu and a Ms Katipa. In important respects, the evidence of the victim differed from that of the two women. The victim’s evidence was that he was punched by the appellant inside the bar but he was unable to say that
the appellant was involved in any attack outside the bar or that the appellant attacked him with a…
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