IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY
I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE
CRI-2025-443-11
[2025] NZHC 924
BETWEEN LUKE CHARLES ROBSON
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 8 April 2025 Appearances:
D A Sutton for Appellant H Bullock for Respondent
Judgment:
15 April 2025
JUDGMENT OF McHERRON J
(Appeal against Conviction)
Introduction
[1] After a Judge alone trial on 29 November 2024, the appellant, Luke Robson, was convicted of two charges of male assaults female.1 These charges arose from an incident outside the appellant’s house. The complainant was running past the appellant’s property. His dog bared its teeth at her after she crouched to talk to it. The appellant told the complainant to leave and then chased and assaulted her.
[2] When police visited the appellant on 5 October 2023, to make inquiries about the alleged offending, he assaulted one of the constables. He was charged with a single charge of aggravated assault,2 to which he pleaded guilty mid-trial. At the end of the Crown case, the Judge issued a ruling on the charges, that one of the constables had good cause to suspect and that it followed there was a case to answer in respect of the
1 Crimes Act 1961, s 194(b). Maximum penalty of two years’ imprisonment.
2 Crimes Act, s 192(2). Maximum penalty of three years’ imprisonment.
ROBSON v NEW ZEALAND POLICE [2025] NZHC 924 [15 April 2025]
male assaults female charges (the Ruling).3 At the end of the trial the Judge issued a judgment containing his verdicts and reasons (the Judgment).4 These are the decisions under appeal.
[3] For this offending, the appellant was sentenced to 12 months’ supervision on 21 February 2025, and required to pay $500 in reparation.5
[4]The appellant now appeals his convictions. He contends:
(a)the District Court erred in finding his arrest was lawful (and therefore subsequent comments made to police as he was being driven to the police station were inadmissible);
(b)the prosecution did not meet their evidential burden; and
(c)the evidence was insufficient to sustain the charges of male assaults female.
Background
The offending
[5] On 3 September 2023, the complainant and the appellant interacted outside his property, after she stopped to talk to his black German Shepherd while jogging. The appellant confronted the complainant about her interaction with the dog. She moved away down the road, but the appellant left his property and followed the complainant onto the road, “taunting her”.6 He poked her on her shoulder and arm a number of times, slapped her cheek and barged her (connecting shoulder to shoulder and throwing her off balance) into a dip on the rural road.7 The complainant had her hands in front of her face and the appellant was attempting to video or photograph her. The complainant subsequently complained to the police, providing a visual description of
3 Police v Robson [2024] NZDC 32295 [Ruling].
4 Police v Robson [2024] NZDC 32249 [Judgment].
5 Police v Robson [2025] NZDC 4222 [Sentencing decision].
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- AGLC
- Robson v Police [2025] NZHC 924
- Case
- [2025] NZHC 924
- Decision Date
CaseChat Overview and Summary
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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