| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA261/2022 [2022] NZCA 563 |
| BETWEEN | DANIEL LUKE WRENCH |
| AND | THE KING |
| Hearing: | 27 October 2022 |
Court: | Brown, Mallon and Downs JJ |
Counsel: | Appellant in person |
Judgment: | 17 November 2022 at 10.30 am |
JUDGMENT OF THE COURT
The appeal is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Downs J)
Introduction
Daniel Wrench was found guilty by a jury of two charges of assault with intent to injure and one of strangulation. He was found not guilty of a third charge of assault with intent to injure. Each of the assault (with intent to injure) charges concerned a headbutt. Mr Wrench had the benefit of legal representation at trial. He appeals against conviction and now self-represents.
Background
Mr Wrench has a manufacturing business. He lives at the property with his wife, Elizabeth Fox. Mr Wrench employed the complainant, Kane Boyce, in his business. Mr Boyce lived at the property as well, in a small, detached unit rented from Mr Wrench.
Work tensions developed between Mr Wrench and Mr Boyce. It is not necessary to elaborate. Eventually, Mr Wrench dismissed Mr Boyce. However, by agreement, Mr Boyce continued to live in the unit.
On 12 February 2021, Mr Boyce and his partner, Taylor Carnachan, went out drinking. Mr Boyce became intoxicated; Ms Carnachan did not (she was driving). When Mr Boyce and Ms Carnachan returned to the unit, Mr Wrench and Ms Fox went to see them. Mr Boyce told Mr Wrench to “get the fuck out” and an argument developed. What happened thereafter formed the basis for all of the charges. In brief, Mr Boyce said:
(a)Mr Wrench headbutted him to the face. The two men then grabbed each other.
(b)Mr Wrench then squeezed his neck, choking him. Mr Boyce said he struggled to breathe.
(c)He pushed Mr Wrench away. Mr Wrench headbutted him a second time, again to the face.
(d)He later removed a decorative wooden axe from the wall to “scare … off” Mr Wrench, but did not use it to strike him. Mr Wrench then headbutted him a third time.
Ms Carnachan said she saw Mr Wrench headbutt Mr Boyce, then strangle him “for a good two minutes”. Ms Carnachan did not see a second or third headbutt but did see Mr Boyce later holding the axe.
Ms Fox called 111 during the incident, at 10.38 pm, but the call was terminated. Ms Carnachan also called 111 at 10.41 pm. She and Mr Boyce each spoke to the operator. The operator then called back at 10.43 pm, and Mr Wrench spoke briefly to him or her. All of the calls were placed in evidence with transcripts:
(a)Mr Boyce said Mr Wrench had headbutted him three times but did not refer to being choked by him.
(b)Ms Carnachan described the incident as a fight and as a brawl, which began after Mr Wrench “came over and started…
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- Wrench v The the King [2022] NZCA 563
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- [2022] NZCA 563
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CaseChat Overview and Summary
Mr Wrench was found guilty by a jury of two charges of assault with intent to injure and one of strangulation. He was found not guilty of a third charge of assault with intent to injure. Each of the assault (with intent to injure) charges concerned a headbutt. Mr Wrench appeals against conviction. He contends the jury's verdicts were unreasonable, and that a miscarriage of justice occurred because the defence of self-defence should have been left to the jury in relation to every headbutt. The appeal is dismissed. The jury's verdicts were not unreasonable. The defence of self-defence arose only in relation to the third headbutt. The Judge properly left the defence to the jury in this respect. Mr Wrench's case at trial, through his lawyer, Mr Couchman, was that the first and second headbutts did not happen. Self-defence is available only in response to, or in anticipation of, the application of force by another person to the defendant. Mr Wrench could not defend himself against force which, on his case, was neither applied nor threatened by another person.
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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