NOTE: PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY SECTION 139 CRIMINAL JUSTICE
ACT 1985.
IN THE COURT OF APPEAL OF NEW ZEALAND
CA147/2009
[2010] NZCA 69
BETWEEN BRETT STEPHEN TAYLOR
Appellant
ANDTHE QUEEN Respondent
Hearing: 24 November 2009
Court: Arnold, Potter and Heath JJ Counsel: D L Stevens QC for Appellant
G H Allan for Respondent
Judgment: 16 March 2010 at 11.30 am
JUDGMENT OF THE COURT
A Leave to adduce new evidence is declined.
B The appeal against conviction is dismissed.
REASONS OF THE COURT
(Given by Heath J)
TAYLOR V R CA147/2009 16 March 2010
Table of Contents
Para No.
Introduction [1] The Crown case at trial [4] The defence case at trial [29] Jury directions
(a) Introductory comments [39] (b) Reliability direction (i) The purpose of a reliability direction [44] (ii) Submissions [55] (iii) Analysis [59] (c) “Prejudice and sympathy” direction [74] Additional medical evidence [86] Was there a miscarriage of justice? [89] Result [97]
Introduction
[1] In December 2008, Mr Taylor was tried in the District Court at Palmerston North, before Judge Garland and a jury, on three counts: one of stupefaction and two of unlawful sexual connection with a male complainant. The jury returned a not guilty verdict on the stupefaction charge but found Mr Taylor guilty on the two sexual violation charges. On 24 February 2009, he was sentenced to a term of imprisonment of four years.[1]
[1] R v Taylor DC Palmerston North CRI-2007-031-0601, 24 February 2009.
[2] Mr Taylor appeals against conviction. On his behalf, Mr Stevens QC
advanced five grounds of appeal. They reduce to three broad headings:
(a)Ought the trial Judge to have given reliability directions about the way in which the jury should evaluate the complainant’s evidence?
(b)Did the Judge err in failing to give an adequate warning to the jury not to act on prejudice, based on the allegation that Mr Taylor had engaged in homosexual conduct?
(c) If further medical evidence before us had been adduced at trial, could that evidence have made a material difference to the jury’s deliberations?
Mr Taylor also seeks leave to adduce the “new” medical evidence. That application
is opposed by the Crown.
[3] Mr Allan, for the Crown, submits that none of the appeal points have any merit and, even if one or more did, no miscarriage of justice has resulted.
The Crown case at trial
[4] On 18 July 2006, Mr Taylor (who identifies as heterosexual) invited the male complainant (whom he had known for a period) to visit his home for dinner and drinks. Mr Taylor’s female partner was away in Auckland, working. His son, aged 9 years, was at home.
[5] When the complainant arrived, at between 5.30pm and 6.00pm, Mr Taylor was in the kitchen, cooking. He was wearing only boxer shorts. The complainant suggested, in his evidence, that he was offended by Mr Taylor’s state of undress.
[6] Mr Taylor, his son and the complainant ate dinner together. Both Mr Taylor and the…
Continue reading Taylor v R
Sign in free to access the full text
- AGLC
- Taylor v R [2010] NZCA 69
- Case
- [2010] NZCA 69
- Decision Date
CaseChat Overview and Summary
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.