The Queen v Meyer

[2007] NZCA 317

IN THE COURT OF APPEAL OF NEW ZEALAND

CA120/07

[2007] NZCA 317

THE QUEEN

ROBERT JOHN MEYER

Court: Counsel

Wilson, Panckhurst and Venning JJ

G R Fulton for Appellant

D La Hood for Crown

Judgment (on the papers)      27 July 2007 at 11am

JUDGMENT OF THE COURT

The appeal is allowed and the conviction quashed.

REASONS OF THE COURT

(Given by Wilson J)

[1] The appellant appeals against his conviction on one count of indecently assaulting a female under 12 years but does not appeal against the sentence of 14 months imprisonment.

[2] Among the grounds of appeal is the contention that the jury was allowed to replay the complainant's evidential video in the jury room during its deliberations without any directions about doing so and without any balance being provided by,

R V ROBERT JOHN MEYER CA CA120/07 []

for example, playing an audio tape or reading a transcript of the evidence of the cross-examination of the complainant.

[3] The Crown concedes that the appeal should be allowed on this ground and the conviction quashed.

[4] The conviction followed a re-trial after the jury at the first trial could not agree. Given that the appellant has probably now served his sentence (which was imposed on 9 November 2006) and the undesirability of requiring the complainant to give evidence a third time, and having obtained her views, the Crown does not seek a further re-trial.

[5] We think that the position taken by the Crown is a reasonable and responsible one.

1. We therefore allow the appeal and quash the conviction.

Solicitors:

Crown Law Office, Wellington