| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA373/2014 [2015] NZCA 539 |
| BETWEEN | JUSTIN MICHAEL ROSSI |
| AND | THE QUEEN |
| Hearing: | 2 November 2015 |
Court: | Stevens, Fogarty and Mallon JJ |
Counsel: | J A Dean and J D Dallas for Appellant |
Judgment: | 13 November 2015 at 10.30 am |
JUDGMENT OF THE COURT
The appeal is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Stevens J)
Introduction
The appellant, Mr Rossi, was charged with five counts, comprising assault with intent to injure, male assaults female, two counts of common assault and one count of assaulting a constable. Following his trial before a jury, Mr Rossi was acquitted of all but the charge of assault with intent to injure. The acquittals all related to events at a party on 2 June 2013. The charge on which he was convicted related to an altercation taking place between himself and his then fiancée, Ms Meiring, earlier in May 2013. Mr Rossi was convicted and sentenced for that offence to eight months’ imprisonment by Judge Barry in the Nelson District Court.[1]
[1]R v Rossi DC Nelson CRI-2013-042-1358, 9 July 2014. He has served his sentence and since been deported.
Mr Rossi now appeals against his conviction on that charge. He contends Judge Barry erred in allowing a key witness to refresh his memory with reference to the statement he gave police and that the Judge erred in his summing-up as to the directions he gave to the jury.
Background
The complainant, Ms Meiring, gave evidence that at some point during May 2013, Mr Rossi came into the cabin where he and the complainant were staying in Motueka. He was angry and had an outburst in relation to a co-worker of the complainant with whom he thought she was sleeping. He then placed the complainant in a “sleeper” or choke-hold. He restrained her by pushing her onto a bed and applied pressure to her throat from behind. The complainant had trouble breathing and then blacked out. Another person present, Mr Harte-West, witnessed these events.
The later events on 2 June 2013 also involved allegations of Mr Rossi arguing with the complainant and assaulting her. Mr Harte-West and his brother (Daniel Harte‑West) tried to intervene, leading to a fight giving rise to the common assault charges. Upon the police arriving, Mr Rossi attempted forcibly to resist arrest, leading to the charge for assaulting a constable.
Mr Harte-West gave a written statement to the police about both instances. In his statement, he described first the events on 2 June, then described how he saw Mr Rossi placing the complainant in a choke-hold on the earlier occasion. At trial, Mr Harte‑West gave evidence for the Crown. In the course of his evidence-in-chief, he was questioned by the prosecutor about the June events. It became clear to the prosecutor and to the Judge that Mr Harte-West could not recall the answers to a number of questions put to him. The Crown applied and was…
Continue reading Rossi v The Queen
Sign in free to access the full text
- AGLC
- Rossi v The Queen [2015] NZCA 539
- Case
- [2015] NZCA 539
- Decision Date
CaseChat Overview and Summary
The appeal is dismissed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.