R v Thompson CA445/04

Scott Simeon Thompson appeals against his conviction in the District Court at Hamilton on August 15, 2003, on ten counts, including assault of a male on a female, injuring with intent to injure, assault with a weapon, threatening to kill, indecent assault of a girl under 12, and sexual violation by unlawful sexual connection. The District Court declined jurisdiction on sentence to allow the High Court to consider preventive detention. The High Court imposed a term of 14½ years imprisonment with a minimum non-parole period of 9½ years. The applicant argues that the verdicts cannot be supported having regard to the evidence, that counts 13 and 14 should have been severed before trial, and that the conduct of the first complainant during the trial was unfairly prejudicial to the applicant and the trial judge erred in failing to discharge the jury, resulting in a miscarriage of justice. The Court of Appeal holds that the first ground fails as the evidence supports the verdicts. The second ground also fails as the evidence of violence to the mother provides the context of the sexual abuse allegation in the counts affecting the daughter. The third ground also fails as the introduction of the evidence when understood in context and balanced by a strong direction to which no exception was taken did not entail miscarriage. The appeal is dismissed.