Rangitonga v Parker

Case [2015] NZHC 1772


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ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANY PART OF THE APPEAL 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 ROTORUA REGISTRY

CRI-2015-470-000002 [2015] NZHC 1772

BETWEEN

NEIHANA RANGITONGA

Appellant

AND

SHANNON LAING PARKER

Respondent

Hearing: 1 July 2015

Counsel:

T Rickard-Simms for appellant
P Davison QC and H Steele for respondent

Judgment:

30 July 2015

JUDGMENT OF KATZ J

This judgment was delivered by me on 30 July 2015 at 11:30 am

Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

Solicitors:             Pacific Coast Law, Papamoa

Cook Morris Quinn, Auckland

Counsel:               P Davison QC, Barrister, Auckland

RANGITONGA v PARKER  [2015] NZHC 1772 [30 July 2015]

Table of Contents  Paragraph

Number

Introduction  [1]

Background  [7]

The events of 6 July 2010  [7]

The  District  Court  rejects  Mr  Rangitonga’s  plea  of

previous acquittal

Does s 296 of the CPA allow a defendant to appeal against a decision not to dismiss a charge under s 147 of the CPA?

The rule against double jeopardy and the special pleas –

legislative and common law history

[13] [19]

[28]

History of the rule against double jeopardy  [30] Rationale for the rule against double jeopardy  [37] Double jeopardy and abuse of process  [40] Predecessor provisions in the Crimes Act 1961  [43] Recent statutory inroads into the special pleas  [45]

Legislative history of ss 46 and 47 of the CPA  [51]

What does the term “arising from the same facts” in s 47

mean?

[62]

Are  the  relevant  facts  all  of  the  facts  adduced  in evidence at the rape trial?

[63]

Are the relevant facts the elements of the charge?  [71]

Does the injuring charge arise out of the same facts as the alleged rape?

Does the term “any other offence” in s 47 include only those offences which might be deemed an included charge of the original, or can it be extended to other offences?

[83] [91]

Summary and conclusion  [94]

Result  [98]

Introduction

[1]      This appeal concerns the correct interpretation of the special plea of previous acquittal,  which  is  now  contained  in  s  47  of  the Criminal  Procedure Act  2011 (“CPA”).   In    particular,    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?

[2]      In his seminal text on double jeopardy, Martin Friedland describes the history of the rule against double jeopardy as the history of criminal procedure.  No other procedural doctrine, he says, is more fundamental or all-pervasive.1    The principle that a defendant should not be tried more than once for the same crime can be traced back as far as ancient Greek and Roman law.   In 355 BC the Greek statesman and orator, Demosthenes, is reported as saying that “the laws forbid the…

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AGLC
Rangitonga v Parker [2015] NZHC 1772
Case
[2015] NZHC 1772
Decision Date

CaseChat Overview and Summary

This appeal concerns the correct interpretation of the special plea of previous acquittal, which is now contained in s 47 of the Criminal Procedure Act 2011 (CPA). Neihana Rangitonga, having been acquitted of rape, seeks to argue that he cannot be charged with injuring the complainant with intent to injure her, arising out of events that occurred on the same evening. The appeal raises a number of issues. The first issue is a threshold procedural issue: does s 296 of the CPA permit a pre-trial appeal by a defendant from a decision not to dismiss a charge under s 147 of the CPA? The second and third issues are questions of law in respect of which Rangitonga seeks leave to appeal. The second issue is what the term "arising from the same facts" in s 47 means. The third issue is whether the term "any other offence" includes only those offences which might be deemed an included charge of the original, or can it be extended to other offences? Katz J found that the appeal was dismissed. The first issue was a threshold procedural issue. The second two issues were questions of law in respect of which Rangitonga sought leave to appeal. Katz J found that the correct interpretation of ss 46 and 47 lies somewhere on the spectrum between these two competing extremes, albeit towards the narrower rather than the broader end of the spectrum. Katz J was not persuaded that the injuring charge "arises out of the same facts" as the previous rape charge. Rather, the alleged rape and the alleged assault formed part of a "series of events." While those events are closely linked in time and place, they arose out of different incidents, involving different facts, which occurred sequentially. The injuring charge is not a collateral attack on any factual findings made by the jury at the rape trial. Judge Ingram was accordingly correct to conclude that the plea of previous acquittal was not available.

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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