Singh v R

Case [2014] NZCA 306


IN THE COURT OF APPEAL OF NEW ZEALAND

CA566/2013
[2014] NZCA 306

BETWEEN

RANJIT SINGH
Appellant

AND

THE QUEEN
Respondent

CA615/2013

AND BETWEEN

DOULTON EDWARDSON
Appellant

AND

THE QUEEN
Respondent

CA685/2013

AND BETWEEN

STEVE NATHAN EDWARDSON
Appellant

AND

THE QUEEN
Respondent

Hearing:

21 May 2014

Court:

Ellen France, Harrison and French JJ

Counsel:

E R Fairbrother QC for Appellant (CA566/2013)
H Roose for Appellant (CA615/2013)
N P Chisnall for Appellant (CA685/2013)
K Bicknell for Respondent (CA566/2013)
A Markham for Respondent (CA615/2013 and CA685/2013)

Judgment:

3 July 2014 at 4 pm

JUDGMENT OF THE COURT

A        The appeal in CA566/2013 is dismissed.

B        The appeal in CA615/2013 is dismissed.

C        The appeal in CA685/2013 is dismissed.

____________________________________________________________________

REASONS

Harrison and French JJ  [1]
Ellen France J (dissenting)  [67]

HARRISON AND FRENCH JJ

(Given by Harrison J)

Contents

Introduction  [1]
Ranjit Singh  [4]

(a)   Background  [4]

(b)   Question trail  [7]

(c)    Decision  [11]

(d)   Result  [18]

Steve Edwardson  [19]

(a)   Background  [19]

(b)   Question trail  [24]

(c)    Decision  [34]

(i)Lies direction  [34]

(ii)Visual identification evidence  [37]

(iii)Miscarriage  [43]

(d) Result  [56]

Doulton Edwardson  [57]

Introduction

  1. While they have no statutory basis, question trails or issues sheets – written directions provided by judges to assist juries in reaching a verdict – are regarded as “contemporary best practice” in criminal trials.[1]  Their principal purpose is to supplement the judge’s oral summing-up by distilling in written form the issue or issues for determination in a series of logical steps which relate the essential factual allegations of a charge directly to its legal elements.  The judicial expectation is that the question trail will give proper contextual guidance on the relevant legal principles and serve as a structural framework for the jury’s deliberations.

  2. Adopting a best practice approach, the question trail should: (a) correctly state the substantive law;[2] (b) remind the jury that the Crown has the onus of proof and that its standard is beyond reasonable doubt;[3] (c) emphasise that a not guilty verdict must be delivered if the jury is unsure about proof of an essential element of the charge or charges; and (d) not strive for artificiality if the evidence clearly favours one side – fair presentation depends on the facts of the case.[4]  Best practice also requires that the judge should consult with counsel about the contents of the document before finalising its terms.[5] 

    [4]R v Taylor (2005) 21 CRNZ 1035 (CA) at [134]–[135], Ibbetson v R [2011] NZCA 228 at [27].

    [5]R v Taylor, above n 4, at [147].

  3. Otherwise a trial judge enjoys a measure of discretion in settling the contents of a question trail or issues sheet.  These three appeals against conviction following two separate trials were heard together because they raise the same primary ground: did the trial Judge err in exercising that discretion…

Continue reading Singh v R

Sign in free to access the full text

Details
AGLC
Singh v R [2014] NZCA 306
Case
[2014] NZCA 306
Decision Date

CaseChat Overview and Summary

This case involved three appeals against convictions in the Tauranga District Court. The appeals were heard together by the Court of Appeal of New Zealand because they raised the same primary ground of appeal: whether the trial Judge erred in exercising his discretion by preparing detailed question trails in relatively simple, single issue trials, and if so, whether a miscarriage of justice resulted. Ranjit Singh appealed against his conviction for dishonestly using a document with intent to defraud and receiving stolen property. Steve and Doulton Edwardson appealed against their conviction for wounding with intent to cause grievous bodily harm. The Court found that the question trails were overly complex and detailed for the relatively straightforward nature of the trials, but they did not result in a miscarriage of justice. The Court also found that the trial Judge failed to give a proper identification warning in the case of Steve Edwardson, which could have affected the result of the trial. However, the Court concluded that no substantial miscarriage of justice had actually occurred, as the evidence against Steve Edwardson was strong and circumstantial, and his post-conviction admission of guilt further confirmed his culpability. The appeals were ultimately 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.