White v The Queen

Case [2011] NZCA 538


IN THE COURT OF APPEAL OF NEW ZEALAND
CA396/2010
[2011] NZCA 538

BETWEEN  ANTHONY JAMES MANAHI WHITE
Appellant

AND  THE QUEEN
Respondent

Hearing:         26 September 2011

Court:             Harrison, Fogarty and Simon France JJ

Counsel:         J J Maddox for Appellant
R J Collins and R G Ronanyne for Respondent

Judgment:      27 October 2011 at 10.15 am

JUDGMENT OF THE COURT

The appeal is dismissed.

REASONS OF THE COURT

(Given by Harrison J)

Introduction  [1]
Background  [5]
Trial  [9]
(a)       Direct evidence  [10]
(b)       Circumstantial evidence  [14]
(c)        Medical and seatbelt evidence  [31]
(d)       Conclusion  [36]
Appeal  [40]
(a)       Expert evidence  [40]
(b)       Mr McCormack  [41]
(c)        Professor Raine  [54]
(d)       Conclusion  [57]
Result  [68]

Introduction

  1. The appellant, Anthony White, was found guilty following trial before Priestley J and a jury in the High Court at Hamilton on one count of manslaughter and two of dangerous driving causing injury.  He was convicted and sentenced on 4 June 2010 to six and a half years imprisonment and disqualified from driving for two and a half years.[1] 

    [1]      R v White HC Hamilton CRI-2008-070-7669, 4 June 2010.

  2. The charges arose out of a fatal motor vehicle collision between two vehicles.  The sole issue at trial was whether Mr White was driving one of the vehicles in which a passenger, Andrew Orpin, died.  Mr White’s defence was that the driver was the other surviving occupant of the vehicle, Eligh Smith.  The jury by its verdicts rejected this defence.

  3. Mr White appeals only against his conviction.  His counsel, Mr Maddox, originally relied on four grounds in support, namely that: (1) the verdicts were unreasonable because the evidence led at trial was insufficient to support the charges; (2) a prosecution failure to disclose pretrial digital photographs and surveys prevented the defence from reconstructing events to support its theory; (3) trial counsel erred by failing to brief and lead expert evidence; and (4) fresh evidence established that Mr White was not the driver.

  4. However, in argument Mr Maddox abandoned the first two grounds and compressed the third and fourth into the composite ground of a miscarriage of justice because trial counsel failed to call relevant and admissible evidence which was fresh, credible and cogent.[2]

Background

  1. Early on Saturday evening 2 August 2008 Messrs White, Smith and Orpin set out in Mr Orpin’s Subaru Impreza STI from Tauranga.  Their intention was to travel to Hamilton over the Kaimai Range on State Highway 29.  Previously, they had been watching a rugby test match at a bar in Tauranga.  They were travelling in darkness and the road was wet from rain.

  2. Just past the township of Tauriko, west of Tauranga, State Highway 29 descends in a south westerly direction before a sweeping left curve near Belk Road on the left.    A warning sign advises drivers to proceed through…

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White v The Queen [2011] NZCA 538
Case
[2011] NZCA 538
Decision Date

CaseChat Overview and Summary

The Court of Appeal of New Zealand heard an appeal against conviction by Anthony James Manaahi White against his convictions for manslaughter and dangerous driving causing injury. The sole issue at trial was whether Mr White was the driver of the vehicle in which a passenger, Andrew Orpin, died. Mr White's defence was that the driver was the other surviving occupant of the vehicle, Eligh Smith. The jury rejected this defence. Mr White appealed only against his conviction on the ground that trial counsel erred by failing to call relevant and admissible evidence which was fresh, credible and cogent. The Court of Appeal held that the evidence of the expert witness proposed to be called by Mr White would not have qualified as expert evidence and would not have been admissible. The evidence led at trial established that Mr White was the driver of the Subaru at the time of the crash. Accordingly, the appeal 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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