| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA279/2011 [2011] NZCA 593 |
| BETWEEN NESHANDERAN RAJGOPAUL |
| AND THE QUEEN |
| Hearing: 10 November 2011 |
| Court: Ellen France, Miller and Asher JJ |
| Counsel: R M Mansfield for Appellant |
| Judgment: 30 November 2011 at 10 am |
JUDGMENT OF THE COURT
A The appeal against conviction is dismissed.
BThe appeal against sentence is allowed to the extent that the minimum period of imprisonment is quashed and substituted by the previous total minimum period of imprisonment broken down in the following way:
(a)A minimum period of imprisonment of eight years in relation to the 14 year sentence of imprisonment on the attempted murder count, cumulative on;
(b)A minimum period of imprisonment of two years’ imprisonment with respect to the four year sentence of imprisonment on the charge of discharging a firearm with intent to cause grievous bodily harm.
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REASONS OF THE COURT
(Given by Asher J)
Table of Contents
Para No
Introduction [1]
The attempted murder [2]
Mr Lomas [10]
The other counts [15]
After arrest [20]
The conviction appeal [26]
The sentence appeal [36]
The appellant’s submissions [41]
Discussion [42]
The minimum term [51]
Result [56]
Introduction
Mr Rajgopaul appeals his conviction and sentence on a variety of charges including attempted murder following a jury trial presided over by Keane J. We commence by setting out the facts, drawing primarily from the Police summary of facts and Keane J’s sentencing notes.[1]
The attempted murder
[1] R v Rajgopaul HC Auckland CRI-2009-092-20927, 20 April 2011.
At approximately 4am in the early hours of 22 December 2009, Constables Cato and Snow were driving past an address in Papatoetoe. They observed an Audi motor vehicle parked down a driveway outside a unit with its emergency lights flashing. They drove down the driveway in their patrol car and proceeded to check the vehicle to see whether it had been subject to any interference. On checking the licence plates they established that the vehicle was stolen.
While they were at the property a Mr Gavin Lomas came out from the unit and commenced speaking to the constables. Constable Cato noticed a sawn off shotgun that was partly covered in the back of the vehicle.
Constable Snow asked Mr Lomas to get his driver’s licence and the key to the vehicle, and Mr Lomas went off to do so. There were in fact two other persons inside the unit, Mr Rajgopaul and a Mr Darrin Court. They had driven the vehicle to the property and they had been in the unit smoking methamphetamine. Messrs Rajgopaul and Court were both wearing yellow fluorescent vests in order to pass themselves off as workmen. Both Mr Rajgopaul and Mr Court, having become aware of the Police presence, slipped out of the unit through the ranchslider doors and jumped from the porch to the lawn in front of the unit. Mr Court left his yellow fluorescent vest inside so only Mr Rajgopaul was wearing a bright yellow vest…
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- AGLC
- Rajgopaul v R [2011] NZCA 593
- Case
- [2011] NZCA 593
- Decision Date
CaseChat Overview and Summary
Final orders: The appeal against conviction is dismissed. The appeal against sentence is allowed to the extent that the minimum period of imprisonment is quashed and substituted by the following: (a) A minimum period of imprisonment of eight years in relation to the 14-year sentence of imprisonment on the attempted murder count, cumulative on; (b) A minimum period of imprisonment of two years' imprisonment with respect to the four-year sentence of imprisonment on the charge of discharging a firearm with intent to cause grievous bodily harm.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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