R v Wensor - [2022] NZHC 2983

NOTE: PUBLICATION OF NAME(S), ADDRESS(ES), OCCUPATION(S) OR IDENTIFYING PARTICULARS OF ANY COMPLAINANT(S)/ PERSON(S) UNDER THE AGE OF 18 YEARS WHO APPEARED AS A WITNESS [OR NAMED WITNESS UNDER 18 YEARS OF AGE] PROHIBITED BY S 204 OF THE CRIMINAL PROCEDURE ACT 2011. SEE

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE

CRI-2022-043-216

[2022] NZHC 2983

THE KING

v

HENRY JOSEPH WENSOR

Hearing: 14 November 2022

Counsel:

C E Clarke for Crown R Weir for Defendant

Judgment:

15 November 2022

JUDGMENT OF CHURCHMAN J

[Admissibility of evidence]

[1] Henry Wensor (the defendant) has been charged with the murder of Levonne Wensor (the deceased). The deceased died in February 2022.

[2] The Crown seeks orders relating to the admissibility of certain evidence at trial. It seeks to admit:

(a)as hearsay evidence, excerpts from the formal written statements of the deceased’s mother and the deceased’s sister-in-law;

R v WENSOR [2022] NZHC 2983 [15 November 2022]

(b)excerpts from the formal written statements of the deceased’s eldest son and the deceased’s mother; and

(c)portions of the deceased’s youngest son’s video interview and the transcript of that interview.

[3] The hearsay application is made in reliance on ss 18(1)(a) and 18(1)(b)(i) of the Evidence Act 2006 (the Act). The hearsay evidence relates to statements made by the deceased in period leading up to her death, particularly regarding her relationship with the defendant. The other evidence is sought to be admitted on the basis that it is relevant. The applications are made in reliance on s 7 of the Act. The evidence sought to be admitted by the Crown relates to the defendant’s mental health, his relationship with the deceased, and his relationships with his wider family in the period prior to the deceased’s death.

[4] The defence opposes the Crown’s applications in part. Mr Weir submits in respect of the hearsay application that certain paragraphs sought to be admitted are not relevant. In his written synopsis he submitted that no information has been provided which gives reasonable assurance that the evidence is reliable. However, in his oral submissions he seemed to concede that the circumstances in which the hearsay statements were made are such so as to make them reliable. Mr Weir denies that the evidence has a logical connection with any element of the crime that the Crown is required to prove. He concedes that motive is a potentially relevant matter but submits that the proposed evidence is not relevant to motive being nothing more than speculation.

Relevant facts

[5] The defendant and the deceased had been married for approximately 30 years. It is alleged that the deceased was making plans to leave the defendant, and that on 14 February 2022, there was a physical altercation between the defendant and the deceased. It is alleged that the defendant stabbed the deceased with a kitchen knife in her throat and neck, causing her death.

Positions of the parties

The Crown

[6] Crown counsel, Ms Clarke, submits…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Wensor

Details

AGLC: R v Wensor [2022] NZHC 2983
Case: [2022] NZHC 2983
Decision Date: 15 November 2022

CaseChat Overview and Summary

Henry Joseph Wensor has been charged with the murder of Levonne Wensor. The deceased died in February 2022. The Crown seeks orders relating to the admissibility of certain evidence at trial. The Crown argues that the evidence is relevant to the defendant's mental health, his relationship with the deceased, and his relationships with his wider family in the period prior to the deceased's death. The defence opposes the Crown's applications in part. The court found that the evidence sought to be admitted by the Crown is relevant and admissible. The court found that the hearsay statements were made by the deceased close in time to her death, while face to face with witnesses who had close relationships with her. The court found that there is no evidence that the deceased would have lied to them, or that she had a tendency to lie. The court found that the evidence is relevant to the family’s dynamic and the states of mind of the deceased and the defendant in the lead up to the alleged murder. The court granted all three of the Crown’s applications in the terms applied for.

Orders