Shadrock v R

Case [2011] NZCA 388


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ORDER PROHIBITING PUBLICATION OF THE REASONS FOR JUDGMENT IN NEWS MEDIA OR ON THE INTERNET OR OTHER PUBLICLY AVAILABLE DATABASE UNTIL FINAL DISPOSITION OF RETRIAL.  PUBLICATION IN LAW REPORT OR LAW DIGEST PERMITTED.

IN THE COURT OF APPEAL OF NEW ZEALAND

CA490/2010 [2011] NZCA 388

BETWEEN  CHRISTOPHER JACOB JUNIOR SHADROCK

Appellant

ANDTHE QUEEN Respondent

Hearing:         12 April 2011

Court:            O'Regan P, Stevens and Wild JJ Counsel:        K P Brosnahan for Appellant

R J Collins for Respondent

Judgment:      12 August 2011 at 3.00 pm

JUDGMENT OF THE COURT

AThe  appeal  against  conviction  is  allowed  and  the  conviction  on  the charge of murder is quashed.

B        The case is remitted to the High Court for a re-trial.

COrder prohibiting publication of the reasons for judgment in news media or on the internet or other publicly available database until final disposition  of  retrial.     Publication  in  Law  Report  or  Law  Digest

permitted.

SHADROCK V R COA CA490/2010 [12 August 2011]

REASONS OF THE COURT

(Given by Stevens J)

Table of Contents

Para No

A bag snatch gone wrong   [1] Some further detail on the background   [5] Issue one: applicability of s 167(d)  [16] Definition of murder  [22] Section 167(d):  the competing arguments  [23] Origins of s 167(d)  [28]

Is a criminal offence required  [40] Relationship of fatal act to the other offence   [49] Factors relevant to whether act for any unlawful object   [64] Distinction between the unlawful object and its aftermath   [74] Was s 167(d) available in this case?   [77] Issue two: error in directions and question trail  [84] Submissions on issue two   [88] Discussion         [91] Issue three: failure to sever trial of the appellant  [96] Discussion  [101] Issue four: absence of intoxication direction  [108] Discussion  [114]

Result  [117]

A bag snatch gone wrong

[1]      The appellant, Christopher Shadrock, was convicted of murdering Joanne Wang as a result of events that took place in a shopping mall car park in South Auckland in June 2008.  Mr Shadrock and four associates planned and embarked on a criminal enterprise to snatch a bag from a member of the public returning to a vehicle in the car park and then flee the scene and divide up the proceeds of the theft.

[2]      On this occasion the bag snatch went badly wrong. Mrs Wang died from injuries received when she pursued Mr Shadrock and was hit by the vehicle he was driving as he attempted to leave the scene of the crime.   At his trial the Judge, Rodney Hansen J, directed the jury that they should find Mr Shadrock guilty of murder if the Crown had established that the elements of either s 167(b) or s 167(d) of the Crimes Act 1961 were met.  A key ground in the appeal is whether the trial

Judge was correct to leave the case for the jury on the alternative basis by allowing the Crown to rely on s 167(d):  that for an unlawful object the accused did an act…

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Shadrock v R [2011] NZCA 388
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[2011] NZCA 388
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CaseChat Overview and Summary

Shadrock was convicted of murdering Mrs Wang as a result of a planned bag snatch in a car park in South Auckland. The appeal concerns whether the trial Judge erred in law in allowing the Crown to rely on s 167(d) of the Crimes Act as an alternative basis for a finding of murder. The appellant also argues that the trial Judge misdirected the jury on the elements of s 167(d) and on the meaning of the word “hit” in the question trail and summing up. Further, the appellant argues that a miscarriage of justice occurred from his trial being heard jointly with two of his associates. Finally, the appellant argues that the Judge erred in not giving a direction to the jury on the issue of intoxication. The appeal was allowed and the conviction quashed. The case was remitted to the High Court for a retrial. The Court found that the Judge was correct in holding that s 167(d) of the Crimes Act should be left to the jury as an alternative basis for a finding of murder. The Court held that the word “unlawful” in s 167(d) of the Crimes Act requires the commission of another crime, and also an act (that is, distinct from the commission of the “unlawful purpose” crime) that is known to be likely to cause and does actually cause death. The Court held that the Judge misdirected the jury on the meaning of the word “hit” in the question trail and summing up and that this misdirection gave rise to a miscarriage of justice. The Court found that there was no miscarriage of justice in the failure to sever the trial of the appellant from that of his co-accused and that an intoxication direction was not required to be given by the Judge.

Orders

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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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