IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY
I TE KŌTI MATUA O AOTEAROA TE TIHI-O-MARU ROHE
CRI-2024-476-23
[2024] NZHC 3845
BETWEEN KOMENE MEI VICTOR WILLIAMS
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 13 December 2024 Appearances:
M L Bonniface for Appellant
C J Mitchelmore and S M H McManus for Respondent
Judgment:
16 December 2024
JUDGMENT OF DUNNINGHAM J
This judgment was delivered by me on 16 December 2024 at 2.30 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
WILLIAMS v NEW ZEALAND POLICE [2024] NZHC 3845 [16 December 2024]
Introduction
[1] Komene Mei Victor Williams pleaded guilty to indecent assault1 and being in a building unlawfully.2 He sought a discharge without conviction. However, that application was declined and instead, Judge Savage sentenced him to 40 hours community work.3 Mr Williams now appeals this decision.
Facts
[2]The facts were summarised by Judge Savage as follows and are not disputed:
The basic facts are that Mr Williams, when drinking one afternoon in May of this year and got intoxicated before going to town. He met a friend of the victim of his offending, and I note that she was at home because she had been socialising in the afternoon too and had drunk a sufficient amount that she did not feel comfortable to go to town. You followed the friend for a time. You were given a ride by another person and dropped off at the victim’s house. You knocked on the front door but it was locked so you went round and let yourself in a closed but unlocked door and you went in to the victim’s bedroom, where you disrobed down to your underwear and you got into bed with her and attempted to kiss her. Your presence at that house was not invited. It was not welcome and that’s why you were charged.
District Court decision
[3] In considering the gravity of the offending, the Judge said the offending itself was serious. The appellant entered the victim’s house at night, uninvited, took off his clothes, got into her bed and made advances to her. However, the Judge accepted that the appellant had engaged in a positive restorative justice conference and that reduced the seriousness of the offending.
[4] The Judge then turned to the consequences of conviction and determined these were speculative, noting that the appellant’s affidavit stated he may not be able to visit Venezuela to see his mother whom he had not contacted for several years and that he was worried about his job, albeit he had the support of his employer, and his job did not appear to be at risk.
1 Crimes Act 1961, s 135; maximum penalty seven years’ imprisonment.
2 Summary Offences Act 1981, s 29(1)(a); maximum penalty three months’ imprisonment or $2000 fine.
3 Police v Williams [2024] NZDC 27228.
[5] Therefore, on balance, the Judge found that even if he was to accept the submission that the gravity of the offending was reduced…
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- [2024] NZHC 3845
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CaseChat Overview and Summary
The appeal hinges on whether the consequences of conviction were out of all proportion to the gravity of the offending. The gravity of the offence was appropriately assessed as serious by the sentencing Judge, considering the nature of the offending, the breach of privacy, and the impact on the victim. The Court considered the appellant did everything reasonably possible to mitigate the gravity of offending, including showing remorse and engaging positively with restorative justice. The Court found the consequences of conviction were speculative and not out of all proportion to the gravity of the offending. The risks to the appellant’s travel plans were speculative, and there was no indication that the conviction would impact his employment or future employment prospects. Therefore, the appeal against conviction and sentence is 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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