IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2015-404-307 [2016] NZHC 104
BETWEEN ABRAHAM RANGI TUROA
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 3 February 2016 Counsel:
PT Eastwood for appellant
JV Barry for respondentJudgment:
9 February 2016
JUDGMENT OF FAIRE J
This judgment was delivered by me on 9 February 2016 at 12 noon, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
Solicitors: Meredith Connell, Auckland
To: PT Eastwood, Auckland
Turoa v New Zealand Police [2016] NZHC 104 [9 February 2016]
Contents
Introduction ............................................................................................................[1] Factual background ................................................................................................[3]
Matters in the District Court [6] Grounds of Appeal ...............................................................................................[12] Procedural history in the High Court ...................................................................[13] Appellant’s submissions .......................................................................................[20] Respondent’s submissions....................................................................................[25] Analysis ................................................................................................................[31] Result....................................................................................................................[49]
Introduction
[1] Mr Turoa was charged on 25 August 2104 with wilfully committing an indecent assault under s 125(1) of the Crimes Act 1961 which carries a maximum sentence of imprisonment not exceeding two years.1 He was sentenced on 14 January
2015 to 15 month’s intensive supervision.2 He appeals the conviction and sentence
although his counsel advised that the appeal against sentence would not be pursued.
[2] The appellant filed the appeal out of time. The reason given was recorded in the notice of appeal and it was that he was advised he had no basis for the appeal. The respondent takes a neutral position and says little prejudice attaches to the respondent if an extension is granted. I grant an extension of time to appeal.
Factual background
[3] On the 2 August 2014 the appellant went to the Henderson Library on
Ratanui St in Henderson. The complainant and several of her friends were seated at a large table. The appellant sat down directly opposite the complainant. He held a
1 Crimes Act 1961, s 125(1).
2 NZ Police v Turoa [2015] NZDC 20064.
mirror between his legs underneath the table and positioned his body so that he appeared to be reading a book on top of the table when he was actually looking into the mirror. The mirror reflected the complainant’s legs and genital area. The appellant continued to do this for two hours.
[4] The complainant was only made aware of what the appellant was doing when she was approached by Police. The appellant was still sitting opposite the complainant when he was spoken to by Police. He denied the offending. He stated that there was a magnifying glass on the other side of the mirror which he was using to assist with reading.
[5] The facts are not disputed by the appellant.
Matters in the District Court
[6] On the 25 August 2014, a charging document was filed for the offence of indecent act in a public place under s 125(1) of the Crimes Act 1961. The Record of Hearing shows the appellant had interim name suppression granted and was released on bail at that time.
[7] On the 15 September 2014, in the District Court, the appellant pleaded not guilty.
[8] On 30 September 2014, the Court…
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CaseChat Overview and Summary
The court found that the charge laid was for an indecent act in a public place, and the admitted facts were sufficient to satisfy the elements of the offence. The court dismissed the argument that the charge should have been for offensive behaviour, as there was only ever one charge against Turoa. The court also found that there was no evidence of any pressure applied by the judge or counsel for Turoa to change his plea. Turoa's counsel had advised him that he could defend the case and potentially succeed before another judge. Turoa's decision to plead guilty was made voluntarily, and the court was satisfied that no miscarriage of justice would result if the conviction was not overturned.
The appeal was dismissed, and Turoa's conviction and sentence were upheld. The court found no basis for impugning the guilty plea, and therefore, no miscarriage of justice would result from upholding the conviction.
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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