IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CRI-2013-485-88 [2014] NZHC 700
BETWEEN LEE REWI SAMUEL TEKIRA Appellant AND
NEW ZEALAND POLICE Respondent
Hearing: 25 March 2014 Appearances:
J K Mahuta-Coyle for the applicant
M Ferrier for the respondentJudgment:
8 April 2014
JUDGMENT OF CLIFFORD J
Introduction
[1] The appellant, Mr Tekira, was convicted of burglary on 7 June 2013 by Judge
Butler in the District Court at Lower Hutt following a defended hearing before the
judge alone.1
Mr Tekira now seeks to appeal, out of time, against that conviction.
Mr Tekira identifies three errors:
(a) the Judge failed to give reasons for disbelieving Mr Tekira;
(b) the Judge failed to follow the tripartite direction; and
(c) the Judge failed to bear in mind the need for caution when considering identification evidence.
These errors, Mr Tekira argues, either in combination or alone led to a miscarriage of justice that necessitates his conviction being set aside.
1 Police v Tekira DC Hutt Valley, CRI-2013-096-0233, 7 June 2013.
Leave
[2] Mr Tekira was sentenced on 17 July 2013. In terms of s 116 of the Summary
Proceedings Act 1957, any appeal against that conviction was to be filed within
28 days of that date. Mr Tekira’s notice of appeal was not filed until 9 October 2014. Mr Tekira had, it appears, earlier written to the Legal Aid Services advising of his wish to appeal. The Crown took no issue with leave being granted to Mr Tekira to appeal. In those circumstances, I grant leave.
Facts
[3] On the afternoon of 26 September 2012 an intruder entered a flat in Petone through an open garage door. The occupier of the flat returned to find the intruder in his bedroom standing by his bed. A conversation ensued, followed by a struggle in which the occupant attempted to call the police and prevent the intruder from leaving. The struggle moved to the occupant’s driveway, the intruder’s hoodie was removed and his clothing ripped revealing a Mongrel Mob tattoo on his chest and arm. The intruder then escaped.
[4] The occupant of the flat gave a general description of the intruder. About a month after the incident, the occupant of the flat identified Mr Tekira from a police photo montage, although he did not express 100 per cent certainty at his identification.
[5] The hoodie which was left at the scene was subject to DNA analysis. Mr Tekira voluntarily provided a DNA sample.
[6] The ESR report advised that a mixed DNA profile had been obtained from the hoodie, that the most likely number of contributors of DNA was three and that the majority of the DNA in the sample could have originated from Mr Tekira. The likelihood of obtaining those DNA results was at least three thousand million million
(3 x 1015) times greater if the DNA originated from Mr Tekira and two other
individuals rather than from three individuals, unrelated to Mr Tekira and each other selected at random from the New…
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- AGLC
- Tekira v Police [2014] NZHC 700
- Case
- [2014] NZHC 700
- Decision Date
CaseChat Overview and Summary
The final orders of the Court were that Mr Tekira's appeal against his conviction for burglary was dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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