R v Wi

In the case of R v Wi, the appellant, Aaron Mark Wi, was found guilty of wounding Constable Gavin Bennett with intent to cause grievous bodily harm and assaulting Constable Paul Horler with intent to injure. Mr Wi was sentenced to an effective seven years’ imprisonment. He appealed against his conviction and sentence, and the appeal was heard by the Court of Appeal of New Zealand.

The legal issues before the court were whether Mr Wi’s counsel failed to follow instructions, the judge misdirected the jury, and whether there was fresh evidence available. The court determined that Mr Wi’s counsel failed to follow instructions by admitting that Mr Wi had repeatedly punched Constable Bennett on the head, which was contrary to Mr Wi’s instructions. The court also found that the judge misdirected the jury by allowing the possibility that Mr Wi caused grievous bodily harm with his fist, which was not consistent with the Crown’s case or the judge’s previous directions. The court found that these two errors together constituted a miscarriage of justice, and both convictions were quashed.

The court directed a new trial for Mr Wi and ordered that the reasons for judgment not be published in the news media or on the internet or in any other publicly accessible database until the final disposition of the new trial. Publication in a law report or law digest is permitted. Mr Wi’s bail is to continue on current terms until further order of the District Court. Any application to vary bail terms is to be made to the District Court. The appellant must present himself to the District Court at Tauranga at the callover scheduled for 9 am on 8 May 2007.