Steven James Nixon v The Queen

Steven James Nixon has appealed against both his conviction and sentence in the Court of Appeal of New Zealand. Nixon was convicted in a District Court trial of male assaults female under s194(b) of the Crimes Act 1961, and was sentenced to 12 months imprisonment. Nixon argues that his trial counsel was inadequate, that he did not have enough time to prepare his defence, and that the verdict was against the weight of evidence. The appeal focuses on whether Nixon had adequate time to prepare his case and whether there was a breach of s24(d) of the New Zealand Bill of Rights Act 1990 or a miscarriage of justice. The Crown case was that Nixon assaulted his female flatmate by pushing her out of the door and kicking her three times in the back. Nixon's version of events was that he told his flatmate to leave and that she exited the house on her own accord. The jury accepted the female flatmate's account of events and found Nixon guilty. The appeal against conviction was dismissed as there was no miscarriage of justice. The appeal against sentence was also dismissed as the sentence was appropriate given the circumstances of the offence and Nixon's criminal record.