Rakuraku v R - [2016] NZCA 351

IN THE COURT OF APPEAL OF NEW ZEALAND

CA497/2014
CA75/2015
[2016] NZCA 351

BETWEEN	STEVEN TREVOR RAKURAKU Appellant
AND	THE QUEEN Respondent

Hearing:	21 July 2016
Court:	Randerson, Fogarty and Collins JJ
Counsel:	Appellant in Person K S Grau for Respondent
Judgment:	26 July 2016 at 11:00 am

JUDGMENT OF THE COURT

AThe appeal against conviction and sentence in CA497/2014 is dismissed pursuant to s 338 of the Criminal Procedure Act 2011.
BThe appeal against conviction in CA75/2015 is dismissed pursuant to s 338 of the Criminal Procedure Act 2011.

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REASONS OF THE COURT

(Given by Randerson J)

Introduction

The appellant was charged with two separate sets of offending in 2010 and 2011. We will refer to these as the Rotorua and Napier charges respectively. The bulk of the offending involved various forms of physical violence against multiple victims. The most serious charge was the murder of a Mr Wright at Napier.
The appellant pleaded guilty to the Rotorua charges in the District Court on 7 April 2014 after receiving a sentence indication.[1] At that time the appellant was represented by Mr Fairbrother QC. Ultimately, the appellant was sentenced by Judge Thomas on 6 November 2014 to a term of imprisonment of three years and one month on one charge of kidnapping and one charge of injuring with intent to injure.[2] He was also sentenced to concurrent terms of 12 months imprisonment on three other charges: assault with intent to injure, threatening to cause grievous bodily harm and causing intentional damage to a motor vehicle. He filed an appeal against conviction on those matters on 19 February 2015.
[1]R v Rakuraku, DC Hamilton CRI-2011-041-1981, 7 April 2014.
[2]R v Rakuraku, DC Hamilton CRI-2011-041-1981, 6 November 2014.
The indictment in respect of the Napier offending ultimately contained 11 counts:
First complainant
·Kidnapping
·Threatening to do grievous bodily harm
·Injuring with intent to injure
Second complainant
·Threatening to kill
·Assault
Mr Wright
·Injuring with intent to injure
·Kidnapping
·Murder
Fourth complainant
·Male assaults female
·Male assaults female
·Attempting to pervert the course of justice
After a jury trial before Williams J, the appellant was convicted by unanimous verdict on all charges other than the charge of threatening to kill the second complainant. The appellant represented himself at trial. In circumstances we discuss below, Mr Fairbrother and Mr Lafferty were appointed as amici curiae for the purposes of trial and sentencing. The appellant was sentenced on 12 December 2014 on the charge of murder to life imprisonment with a minimum period of imprisonment of 17 years.[3] Lesser concurrent terms of imprisonment were imposed on all the remaining charges on which the appellant was convicted. The appellant filed an appeal against conviction and sentence on 11 September 2014 even though he had not been sentenced at that date.

Notice of intention to dismiss the appeals under s 338 of the Criminal Procedure Act 2011 (the CPA)

[3]R v Rakuraku [2014] NZHC 3270.

In circumstances we discuss in…

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 Rakuraku v R

Details

AGLC: Rakuraku v R [2016] NZCA 351
Case: [2016] NZCA 351
Decision Date: 26 July 2016 at 11:00 am

CaseChat Overview and Summary

In the case of Rakuraku v R, the appellant, Steven Trevor Rakuraku, was convicted of various serious charges including murder and was sentenced to imprisonment. The appellant filed appeals against both his conviction and sentence. The Court of Appeal had to determine whether to dismiss the appeals due to the appellant's repeated failure to comply with the Court's procedural directions. The appellant's non-compliance with deadlines for filing submissions and evidence, despite multiple warnings and opportunities to rectify the situation, was considered a deliberate attempt to frustrate the Court's processes. The Court found that the appellant's repeated breaches of the Court's directions, combined with his failure to provide any satisfactory explanation for his conduct, justified the dismissal of both appeals under section 338 of the Criminal Procedure Act 2011. The appeals were dismissed, and the convictions and sentences were upheld.

Orders