R v Ross

[2020] NZHC 2776

NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF COMPLAINANTS PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. SEE

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2019-092-2113

[2020] NZHC 2776

THE QUEEN

v

LESLIE PETER ROSS

Hearing:

21 October 2020

Appearances:

J J Rhodes and H Watts for the Crown

R Mansfield and H Smith for the Defendant

Judgment:

22 October 2020

ORAL JUDGMENT OF GAULT J

(Section 147 application)

Solicitors / Counsel:

Mr J J Rhodes and Ms H Watts, Kayes Fletcher Walker, Office of the Crown Solicitor, Manukau City Mr R Mansfield and Mr H Smith, Barristers, Auckland

R v ROSS [2020] NZHC 2776 [22 October 2020]

[1]                 Following my ruling yesterday declining to dismiss charges on the Crown’s   s 147 application based on a proposed plea arrangement,1 Mr Mansfield has made an application under s 147(4)(c) of the Criminal Procedure Act 2011 to dismiss charges 3, 7, 9, 10, 12 and 15.2

[2]                 I consider that the evidence against the defendant in relation to these charges is so manifestly discredited or unreliable that it would be unsafe to convict on them, unjust for the trial to continue on these charges, and the Court has a duty to intervene.

[3]                 Charges 3, 7, 9, 10, 12 and 15 are dismissed, together with charges 8, 11, 13, 14 and 17 to 19 addressed in my ruling yesterday.

[4]                 My reasons will be available in a separate reasons judgment to be released through the Registry today.

Gault J

1      R v Ross HC Auckland CRI-2019-092-2113, Trial Minute / Ruling (No. 5) 21 October 2020.  My earlier ruling indicated that charges 8, 11, 13, 14 and 17 to 19 should be dismissed on the basis that there is no evidence upon which a properly directed jury could reasonably convict.

2      The relevant charges are:

Charge 3: Between 3 February and 20 February 2019 at Wiri, unlawfully detained [A] without her consent or with her consent obtained by duress, with intent to cause her to be confined or imprisoned – a representative charge.

Charge 7: Between 3 February and 20 February 2019 at Wiri, assaulted [B] with intent to injure her – namely punching her – a representative charge.

Charge 9: Between 3 February and 20 February 2019 at Wiri, intentionally impeded the normal breathing of [B] by applying pressure to her throat or neck – a representative charge.

Charge 10: Between 3 February and 20 February 2019 at Wiri, sexually violated [B] by raping her – a representative charge.

Charge 12: Between 3 February and 20 February 2019 at Wiri, sexually violated [B] by unlawful sexual connection – namely the insertion of his finger(s) into her vagina – a representative charge.

Charge 15: Between 3 February and 20 February 2019 at Wiri, sexually violated [B] by unlawful sexual connection – namely connection between the complainant’s mouth and the defendant’s penis – a representative charge.