R v Storer CA368/05

The case of R v Steven Ronald Storer, CA368/05, involved an appeal by the appellant, Mr Steven Storer, against his conviction for arson, burglary, and assaulting a female. The case was heard by the Court of Appeal of New Zealand, consisting of O'Regan, John Hansen, and Harrison JJ. The appeal was advanced by Mr Simon Shamy on three grounds, of which two were considered unsustainable. The substantive ground was the alleged failure of the trial Judge to direct properly on the effects of intoxication on the formation of criminal intent. The background facts revealed that Mr Storer had been heavily intoxicated and committed the offences in that state. The legal issue was whether the trial Judge had adequately directed the jury on the relationship between intoxication and the formation of criminal intent. The Court held that the Judge should have given a proper direction on the relevance of intoxication to the formation of criminal intent, as it goes to the critical question of whether the Crown had discharged its burden of proving the element of intent. The Court allowed the appeal, quashed the conviction on all three charges, and ordered a retrial.

If Mr Storer is convicted at retrial, the Court opined that the starting point of a sentence of four and a half years imprisonment for the charge of arson was well outside the appropriate range for the offending in this case. The Court did not determine the appeal against sentence, as it was unnecessary to do so at that stage.