R v Sutton CA31/06

[2006] NZCA 463

ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANY PART OF THE PROCEEDINGS (EXCEPT THE RESULT) IN NEWS MEDIA OR ON INTERNET OR OTHER PUBLICLY ACCESSIBLE DATABASE UNTIL FINAL DISPOSITION OF TRIAL

PUBLICATION IN LAW REPORT OR LAW DIGEST PERMITTED.

IN THE COURT OF APPEAL OF NEW ZEALAND

CA31/06

THE QUEEN

v

ROBERT HENRY SUTTON

Hearing:         11 October 2006

Court:            Robertson, Williams and Panckhurst JJ Counsel:        P J Morgan QC for Appellant

P K Feltham for Crown

Judgment:      11 October 2006

ORAL JUDGMENT OF THE COURT

A        The appeal is allowed.

B        The convictions on all counts are quashed.

R V SUTTON CA CA31/06  11 October 2006

C        There is an order for a new trial.

DOrder prohibiting publication of the judgment and any part of the proceedings (except the result) in news media or on internet or other publicly accessible database until final disposition of trial.  Publication in

law report or law digest is permitted.

REASONS OF THE COURT

(Given by Panckhurst J)

[1]      Following a trial in the District Court at Rotorua the appellant was found guilty upon multiple counts of sexual violation, threatening to kill, performing indecent acts and various forms of assault.   These offences were all committed against a former partner of the appellant, save for one of the indecent act charges.

[2]      This appeal against conviction is brought on the basis of the availability of fresh evidence.  Such evidence strikes at the core of the Crown case.  It indicates, if accepted, that the main complainant was involved in gathering false evidence in support of the allegations prior to the trial.

[3]      Crown counsel filed a  realistic written submission in anticipation of this appeal hearing.  He accepted that the evidence met the test for reception on appeal and  that  it  was  of  such  moment  as  to  render  the  existing  verdicts  unsafe. Accordingly, the Crown raised no effective opposition to the appeal against conviction.

[4]      In these circumstances the appeal is allowed.  The convictions on all counts are quashed.  We make an order for a new trial.  The issue of bail is reserved for consideration in the District Court.

Solicitors:

Crown Law Office, Wellington