| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA446/2012 [2013] NZCA 254 |
| BETWEEN | TERRENCE WHETUMOANA TAHURI |
| AND | THE QUEEN |
| Hearing: | 10 June 2013 |
Court: | Randerson, Courtney and Dobson JJ |
Counsel: | R A A Weir for Appellant |
Judgment: | 24 June 2013 at 10:00am |
JUDGMENT OF THE COURT
The appeal against conviction and sentence is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Dobson J)
At the conclusion of a jury trial in the High Court at Gisborne on 31 May 2012 before Rodney Hansen J, Mr Tahuri was found guilty of a charge of wounding with intent to cause grievous bodily harm. On 20 July 2012, Mr Tahuri was sentenced on that conviction to a term of nine and a half years’ imprisonment. Mr Tahuri appeals both his conviction and the sentence imposed.
In February 2011, Mr Tahuri and his partner, Ms Duncan, were living together in a house in suburban Wairoa. Mr Tahuri and other members of his family were patched members of, or at least had close links with, the Black Power gang. The occupants of the house next door included a patched member of the Mongrel Mob gang, Mr Ruawai.
Between 7am and 8am on 13 February 2011, Mr Ruawai returned home, accompanied by three other Mongrel Mob members, having attended a party at the Mongrel Mob headquarters in Wairoa. The Crown case was that Messrs Tahuri and Ruawai argued from their respective sides of the fence between the properties. It said that a vehicle owned by Ms Duncan left Mr Tahuri’s property for a short time, then returned, after which Mr Tahuri appeared in the driveway of their house carrying a shotgun. Mr Tahuri was observed firing two shots in quick succession towards the neighbouring house, wounding one of Mr Ruawai’s associates, Mr Hubbard. The doctor who treated him said the wound was consistent with a close-range shotgun blast.
Mr Hubbard sustained a serious injury to his right shoulder. Some 84 shotgun pellets were removed, and surgery, including skin grafts, was required. The victim was left with on-going pain, it being estimated that up to 100 shotgun pellets could not be removed surgically and remain in his shoulder.
Mr Tahuri and Ms Duncan were observed leaving the property shortly after the shooting. The police subsequently reconstructed text messages from Ms Duncan’s phone, which suggested that the pair had taken refuge in Frasertown, a settlement a short distance from Wairoa. The content of the text messages suggested that the pair were aware that the police were at the scene of the shooting in Wairoa. Ms Duncan surrendered herself to the police the following day and Mr Tahuri followed suit the day thereafter. They both admitted being at the property at the time of the shooting, but denied involvement in it.
Ms Duncan was charged with being an accessory after the fact in relation to Mr Tahuri’s offending. She was also found guilty at trial and has subsequently appealed both her conviction…
Continue reading Tahuri v R
Sign in free to access the full text
- AGLC
- Tahuri v R [2013] NZCA 254
- Case
- [2013] NZCA 254
- Decision Date
CaseChat Overview and Summary
The court examined the Crown's concession that the defence lawyer's analysis of the applicability of section 45(4)(e) of the Act was incorrect, as the witnesses had only provided statements identifying the appellant as the shooter rather than pointing him out to the police. Despite this concession, the Crown argued that other reasons existed for not following a formal identification procedure. The court assessed whether the absence of a formal procedure rendered the identification evidence inadmissible and, if so, whether this inadmissibility resulted in a miscarriage of justice. The court also considered the constraints on cross-examination imposed by the anonymity orders, which limited the ability to challenge the precise details of how the witnesses knew the appellant and their locations during the shooting.
In its reasoning, the court concluded that the failure to follow a formal identification procedure did not necessarily render the identification evidence inadmissible if other good reasons existed, as per section 45 of the Act. The court found that the Crown had not successfully demonstrated that the circumstances in which the identification was made produced a reliable identification, thus deeming the evidence inadmissible. However, the court determined that the inadmissibility of this evidence did not result in a miscarriage of justice, given the strength of the other evidence presented against the appellant. The court also noted the constraints on cross-examination due to the anonymity orders, but found that these constraints did not undermine the overall reliability of the trial outcome.
The court upheld the appellant's conviction, affirming that despite the inadmissibility of the identification evidence, the remaining evidence was sufficient to support the verdict. The anonymity orders and the constraints they imposed on cross-examination did not prejudice the appellant's right to a fair trial. Therefore, the appeal was dismissed, and the conviction was maintained.
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
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.