| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA615/2016 [2017] NZCA 299 |
| BETWEEN | WARREN CHARLES TE HEI |
| AND | THE QUEEN |
| Hearing: | 21 June 2017 |
Court: | Asher, Venning and Dobson JJ |
Counsel: | S K Green for Appellant |
Judgment: | 13 July 2017 at 11.30 am |
JUDGMENT OF THE COURT
AThe application for an extension of time to appeal is granted.
BThe appeal is dismissed.
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REASONS OF THE COURT
(Given by Dobson J)
This is an appeal against convictions for wounding with intent to cause grievous bodily harm, and assault with intent to injure. The appeal focuses on a number of aspects in which the trial Judge dealt with issues going to the identity of the appellant, Mr Te Hei, as the offender.
The appeal was brought out of time, without any explanation at the time it was brought for the delay in the appeal being pursued. Shortly before the hearing the appellant filed an affidavit explaining the delay. The Crown did not object to leave being granted for the appeal to be brought out of time. The granting of leave should not be assumed and that aspect of the appeal was inadequately prepared. However, in the circumstances of this case, we are prepared to grant the requisite leave.
The trial was in the District Court at Gisborne before District Court Judge Adeane. Judge Adeane declined jurisdiction on sentencing. On 7 July 2016 Clark J sentenced Mr Te Hei to preventive detention and ordered him to serve a minimum term of five years’ imprisonment.[1] Mr Te Hei also appealed against that sentence, but no submissions in support of the sentence appeal were filed. It was formally abandoned at the hearing.
Circumstances of the offending
On 8 August 2014 two cousins, Elsie Collier and Erihi Donnelly, were drinking at the home of one of their aunts in Ranfurly St, Gisborne. The Crown case was that Ms Donnelly walked to the home of another aunt a few doors away and was in the vicinity of the second house when a car containing Mr Te Hei pulled up nearby. Ms Collier had stayed at the first house and went outside upon hearing Ms Donnelly screaming. Ms Collier saw her running back towards the first house, chased by a man. Ms Collier moved towards the man to protect Ms Donnelly. The man went back to the car he had arrived in and took out a machete which he swung towards Ms Collier’s head. She put her hands up to defend herself and was wounded several times on the hand. That attack was the basis for the charge of wounding with intent to cause grievous bodily harm. The man then hit her in the head with the wooden part of the machete knocking her to the ground. That attack led to the charge of assault with intent to injure.
The driver of the car called the attacker to return to it…
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- AGLC
- Te Hei v The Queen [2017] NZCA 299
- Case
- [2017] NZCA 299
- Decision Date
CaseChat Overview and Summary
The Court found that there was no material error in the trial counsel's decision not to challenge the absence of a formal identification procedure, as the witnesses' statements evolved to recognise Mr Te Hei from prior acquaintance, making a formal procedure less necessary. The identification evidence was admissible and appropriately tested in cross-examination. While the trial judge's summing-up could have been more detailed, particularly regarding the inconsistencies in the witnesses' evidence, the Court concluded that the judge's overall directions sufficiently warned the jury about the risks of relying on identification evidence. The Court also rejected the claim that the judge's comment about multiple witnesses hearing the attacker's name as "Warren" was erroneous, and that the leading question to a witness was inappropriate.
The appeal was dismissed, and the convictions were upheld. The Court granted the application for an extension of time to appeal.
Orders
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