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NOTE: PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 139 OF THE CRIMINAL JUSTICE ACT 1985. IN THE COURT OF APPEAL OF NEW ZEALAND
CA477/2015 [2016] NZCA 166
BETWEEN NEIHANA JEREMY RANGITONGA
Appellant
AND
SHANNON LAING PARKER
Respondent
Hearing: 2 November 2015 Court:
Randerson, Lang and Clifford JJ
Counsel:
A F Rickard-Simms for Appellant
P J Davison QC and H D L Steele for Respondent
Judgment:
3 May 2016 at 11:00 am
JUDGMENT OF THE COURT
A The application for leave to appeal is granted. B The appeal is dismissed.
REASONS OF THE COURT
(Given by Randerson J)
Introduction
[1] Mr Rangitonga’s application for leave to appeal raises questions as to the interpretation and application of s 47 of the Criminal Procedure Act 2011 (the CPA). Section 47 is expressed in different terms from its statutory predecessor, s 358 of the Crimes Act 1961. The new section provides:
RANGITONGA v PARKER [2016] NZCA 166 [3 May 2016]
47 Previous acquittal
If a plea of previous acquittal is entered in relation to a charge, the court must dismiss the charge under section 147 if the court is satisfied that the defendant has been acquitted of—
(a)the same offence as the offence currently charged, arising from the same facts; or
(b)any other offence arising from those facts.
[2] In the High Court, Katz J identified the issue succinctly:1
… having been previously acquitted of rape, can Neihana Rangitonga now be charged with injuring the complainant with intent to injure her, arising out of events that occurred the same evening?
[3] Katz J agreed with the conclusion reached by Judge Ingram in the District Court.2 The injuring charge could still proceed despite the earlier acquittal on the rape charge. In essence, Katz J considered the injuring charge did not arise out of the same facts as the previous rape charge. Rather, she found the alleged rape and assault formed part of a series of events. While those events were closely linked in time and place, they arose out of different incidents, involving different facts which occurred sequentially.3
[4] In support of the appeal, Mr Rickard-Simms raised a number of issues but, in essence, the issue is whether the High Court Judge was correct in her conclusions as to the interpretation and application of s 47 of the CPA in the circumstances of the case.
[5] An unusual feature of the case is that the proposed injuring charge is brought by the respondent, Ms Parker, as a private prosecution. There is no procedural challenge in that respect.
[6] There being no opposition to Mr Rangitonga’s application for leave to appeal, we grant the application and proceed to consider the merits of the appeal.
1 Rangitonga v Parker [2015] NZHC 1772, [2016] 2 NZLR 73 at [1].
2 Parker v Rangitonga [2015] NZDC 7733.
3 Rangitonga v Parker, above n 1, at [97].
Background facts
[7]…
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