| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA409/2016 [2016] NZCA 557 |
| BETWEEN | CHARLENE JOSEPHINE TAINGAHUE |
| AND | THE QUEEN |
| Court: | Kós P, French and Venning JJ |
Counsel: | G Ghahraman for Applicant |
Judgment: (On the papers) | 29 November 2016 at 2 pm |
JUDGMENT OF THE COURT
A An extension of time to apply for leave to appeal is granted.
BThe application for leave to appeal is declined.
____________________________________________________________________
REASONS OF THE COURT
(Given by Venning J)
Charlene Taingahue seeks leave to commence a second appeal (out of time). On 5 October 2016 Miller J directed Ms Taingahue’s application be dealt with on the papers.
Following a Judge-alone trial before Judge Cathcart in the District Court at Gisborne Ms Taingahue was convicted of one charge of injuring with intent to cause grievous bodily harm.[1] The charge arose from her involvement in an incident in Gisborne on 7 January 2015. The Judge sentenced Ms Taingahue to three years’ imprisonment.[2]
[1]R v Hubbard [2015] NZDC 22361.
[2]R v Hubbard [2016] NZDC 1484.
Brown J dismissed her appeal against conviction and sentence on 16 June 2016.[3]
The application for leave to bring a second appeal against conviction should have been filed by 14 July 2016.[4] Although it was not filed until 11 August, the respondent did not take issue with lateness in its submissions.
Brief facts
[4]Criminal Procedure Act 2011, s 239(2).
We take the background facts from the decision of Judge Cathcart:[5]
[129] I accept [the complainants’] evidence that they were waiting at the address for [defence witness] Ms Fox to return and that she arrived about five minutes later. I accept their evidence that the return of Ms Fox was followed by the other vehicle shortly thereafter. I accept the Crown’s position on the evidence that the three defendants were accompanied by an unknown woman, that they all got out of the vehicle at the same time. On the evidence, I accept that three of the women, including Charlene Taingahue and Destiny Taingahue, went to [the complainant] Ms Taylor’s side of the vehicle and that Ms Hubbard to the driver’s side.
[130] Also, I accept as both truthful and reliable, Ms Taylor’s evidence that the spanner was used initially and that she was struck over the head, by one of the three women that I have referred to, on her side of the vehicle.
[131] Most importantly, I accept the evidence of both Ms Taylor and [Ms Taylor’s mother] Ms Dominey, that all three women on Ms Taylor’s side of the vehicle, attacked Ms Taylor. One of them, having dragged her from the vehicle. It appears quite clear now that that was the defendant Charlene Taingahue.
[132] … it is clear that all three women were involved in the assault. As I have indicated earlier, I accept [Ms Dominey’s evidence] that what took place (while she was sitting in the driver’s seat) when her daughter was…
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- Taingahue v The Queen [2016] NZCA 557
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- [2016] NZCA 557
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