R v Woods - [2018] NZHC 3061

ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANY PART OF THE PROCEEDINGS (INCLUDING THE RESULT) IN NEWS MEDIA OR ON THE INTERNET OR OTHER PUBLICLY AVAILABLE DATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION IN LAW REPORT OR LAW DIGEST PERMITTED.

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CRI-2018-085-000433

[2018] NZHC 3061

THE QUEEN

v

PADDY JONATHAN WOODS

Hearing: 23 November 2018

Counsel:

G J Burston for Crown

K F Preston for Defendant

Judgment:

23 November 2018

JUDGMENT OF COLLINS J

[Application under s 147 Criminal Procedure Act 2011]

Introduction

[1] At about 12.30 pm on Sunday 11 February 2018, Zenith (Zena) Campbell was reported dead by her boyfriend, Mr Woods.1 Mr Woods said that he and Ms Campbell had fallen asleep in his vehicle in the early hours of 11 February 2018. He said that when he woke up at about 12.30 pm he was in the driver’s seat, in a reclined position

1 The deceased was born a male and was transitioning to becoming a female at the time of her death. I will refer to the deceased as Ms Campbell.

R v WOODS [2018] NZHC 3061 [23 November 2018]

and that Ms Campbell was partially draped over him but was mainly positioned in the front passenger seat and footrest area of the vehicle.

[2] The key post-mortem findings, which I shall examine in more detail in this judgment, may be summarised in the following way:

(1)Bruising to Ms Campbell’s neck and a fracture of the right side of the hyoid bone in her neck with associated petechial-type haemorrhaging.

(2)A blood alcohol reading of 170 mg/100 ml and a urine alcohol level of 264 mg/100 ml.

(3)The presence of methadone, oxazepam, Ritalin and cannabis in her blood.

(4)A fracture to her nose caused by a “sharp force” and other bruising to areas around her eyes and lower lip.

[3] Ms Campbell was on a methadone programme. She had been warned on 29 and 30 January 2018 about the risks of overdose caused through using methadone with alcohol and other medications, such as sedatives. Ms Campbell had been administered methadone on Saturday 10 January 2018. The level of methadone found in her blood was reported by the ESR to be in the “overlap range” associated with both normal use of methadone, such as administered through a methadone programme, and quantities consistent with “methadone related deaths”.

[4] Mr Woods has been charged with murder. He has applied to have the charge dismissed under s 147 of the Criminal Procedure Act 2011 (the Act) on the basis that a properly directed jury could not reasonably convict him of murder.

Background

[5] Mr Woods is 31 years old. Ms Campbell was 21 years old at the time of her death. The couple attended a party together on 10 February 2018 at a home in Aro Valley, Wellington. Ms Campbell became involved in altercations with two men

at the party over some comments…

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 Woods

Details

AGLC: R v Woods [2018] NZHC 3061
Case: [2018] NZHC 3061
Decision Date: 23 November 2018

CaseChat Overview and Summary

The case of R v Woods involved a murder charge against the defendant, Paddy Jonathan Woods, arising from the death of Zenith (Zena) Campbell. The defendant had been charged with murder after Ms Campbell was found dead in his vehicle. The defendant applied to have the charge dismissed under section 147 of the Criminal Procedure Act 2011 on the basis that a properly directed jury could not reasonably convict him of murder. The key legal issue before the court was whether the evidence was sufficient for the jury to be sure that the defendant killed Ms Campbell. The Crown opposed the application, arguing that there was sufficient evidence for a reasonable jury to be sure that the defendant strangled Ms Campbell in his vehicle and in doing so fractured her hyoid bone. The court found that the evidence, if accepted by the jury, was capable of supporting the inferences the Crown case relied upon, and that the charge of murder should be considered by a jury. The application under section 147 was dismissed.

The court considered the evidence presented by the Crown, including the post-mortem findings and expert opinions, and found that there was sufficient evidence to support the inferences the Crown case relied upon. The court also considered the defendant's arguments, including the possibility that death was a consequence of methadone and alcohol toxicity alone, and the lack of evidence of ill-will between the defendant and the deceased. However, the court found that these arguments were properly issues for the jury to determine. The court emphasised that it was not for the judge to predict what the jury would find, and that questions of credibility and weight must, in all but exceptional cases, be determined by the jury. The court also noted that the law did not require the defendant's conduct to be the sole cause of death, it must merely be a "substantial and operative cause of the death". The court found that the evidence was sufficient to support the inference that the defendant inflicted the injury that led to Ms Campbell's death, and that this was a matter for the jury to determine.

Orders