Reuben v R

Case

[2017] NZCA 138

27 April 2017


Details
AGLC Case Decision Date
Reuben v The Queen [2017] NZCA 138 [2017] NZCA 138 27 April 2017

CaseChat Overview and Summary

The Court of Appeal of New Zealand heard appeals from two prisoners, Mr Reuben and Mr Tihi, who were involved in an assault on another prisoner that resulted in his death. Mr Reuben appealed against his sentence for manslaughter, arguing it was manifestly excessive. Mr Tihi appealed against his conviction for murder, contending that letters he wrote to his family after the assault should not have been admitted as evidence and that there was a breach of section 32 of the Evidence Act 2006 by the prosecutor, which the Judge did not correct in his summing-up. The Court of Appeal allowed Mr Reuben's appeal against his sentence, finding that a discount for his youth and his offer to plead guilty to manslaughter should have been allowed. The Court substituted a sentence of six years and six months imprisonment with a minimum period of imprisonment of three years and three months. The Court dismissed Mr Tihi's appeal against his conviction, finding that the letters were admissible and that any potential breach of section 32 of the Evidence Act 2006 did not result in a miscarriage of justice.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Sentencing

  • Breach of Contract

  • Judicial Review

  • Admissibility of Evidence

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Most Recent Citation
R v Signal [2023] NZHC 2757

Cases Citing This Decision

12

Akuhatua Tihi v The Queen [2017] NZSC 143
R v Hart [2023] NZHC 3364
R v Signal [2023] NZHC 2757
Cases Cited

9

Statutory Material Cited

0

R v Betham [2016] NZHC 2107
R v Jamieson [2009] NZCA 555
Lake v R [2017] NZCA 39