Redman v The Queen - [2013] NZCA 672

IN THE COURT OF APPEAL OF NEW ZEALAND

CA728/2012
[2013] NZCA 672

BETWEEN	TYSON GREGORY REDMAN Appellant
AND	THE QUEEN Respondent

Hearing:	30 and 31 October 2013 (further documents received 4 December 2013)
Court:	Ellen France, Randerson and French JJ
Counsel:	B L Sellars for Appellant J M Jelas for Respondent
Judgment:	19 December 2013 at 11.30 am

JUDGMENT OF THE COURT

AThe convictions for injuring with reckless disregard, injuring with intent to cause grievous bodily harm, and wounding with intent to cause grievous bodily harm are quashed.
BThere is no order for a retrial. Instead, the proceedings are permanently stayed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Ellen France J)

Table of Contents

Para No
Introduction  [1]
A violent incident at a party  [3]
The trial  [10]
The first appeal  [19]
The terms of the Order in Council  [20]
Our role under s 406  [23]
The new evidence  [28]
     Paul Finau, Nathan Lumbers and Maka Feki  [30]
     The other five witnesses  [41]
     Analysis  [52]
Result  [59]

Introduction

Tyson Redman was found guilty by a jury of injuring with reckless disregard for the safety of others (six counts), injuring with intent to cause grievous bodily harm, wounding with intent to cause grievous bodily harm and unlawful assembly. He was sentenced by Judge Field, the trial Judge, to a term of two years six months imprisonment,[1] which he has served in full. A subsequent appeal to this Court was dismissed on 5 May 2008.[2] However, by Order in Council made on 29 October 2012, his convictions for injuring and wounding were referred to this Court under s 406(a) of the Crimes Act 1961.[3]
[1]R v Wichman DC Auckland CRI-2005-004-2729, 4 November 2007 [sentencing remarks].
[2]R v Ma’u [2008] NZCA 117.
[3]“Reference to the Court of Appeal of the question of the conviction of Tyson Gregory Redman for injuring with reckless disregard, injuring with intent to cause grievous bodily harm, and wounding with intent to cause grievous bodily harm” (1 November 2012) 131 New Zealand Gazette 3761 [Order in Council]. The section is now s 406(1)(a) following an amendment on 5 August 2013. We refer to s 406(a) because that was the form of the section when the Order in Council was made.
The issue raised by the reference is whether the new evidence specified in the Order in Council leads us to conclude that a miscarriage of justice may have occurred. We consider that issue after setting out the factual background, describing the course of the trial, the first appeal and the detail of the reference, and discussing the applicable principles.

A violent incident at a party

The events surrounding the offending took place over 17 and 18 September 2005. Tyson Redman was then aged 17. He was part of a group of young men who had met up through school who called themselves JDKs (the Junior Dominion/Dom Kings).[4]
[4]A number of the group used to play in a band at church together.
A party was held on…

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 Redman v The Queen

Details

AGLC: Redman v The Queen [2013] NZCA 672
Case: [2013] NZCA 672
Decision Date: 19 December 2013 at 11.30 am

CaseChat Overview and Summary

In the Court of Appeal of New Zealand, Tyson Gregory Redman, the appellant, was found guilty by a jury of injuring with reckless disregard for the safety of others, injuring with intent to cause grievous bodily harm, wounding with intent to cause grievous bodily harm, and unlawful assembly. Redman was sentenced to a term of imprisonment of two years and six months, which he has served in full. Redman's appeal was dismissed on May 5, 2008, but his convictions for injuring and wounding were referred to this Court under s 406(a) of the Crimes Act 1961 on October 29, 2012. The issue raised by the reference is whether the new evidence specified in the Order in Council leads us to conclude that a miscarriage of justice may have occurred. The Court considers that issue after setting out the factual background, describing the course of the trial, the first appeal, and the detail of the reference, and discussing the applicable principles. The Court concludes that the appeal should be allowed and the convictions, apart from that of unlawful assembly, quashed. In the ordinary course, a new trial would be ordered but as the appellant has served his full sentence, the Court does not order a retrial. Instead, the proceedings are permanently stayed.

Orders