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IN THE COURT OF APPEAL OF NEW ZEALAND
I TE KŌTI PĪRA O AOTEAROA
CA606/2018 [2019] NZCA 507
BETWEEN
JING YUAN ZHANG Appellant
AND
THE QUEEN Respondent
CA617/2018
BETWEEN
JACQUELINE JOSEPHINE HOBSON Appellant
AND
THE QUEEN Respondent
CA726/2018
BETWEEN
SHANE THOMPSON Appellant
AND
THE QUEEN Respondent
CA750/2018
BETWEEN
LOK SING YIP Appellant
AND
THE QUEEN Respondent
CA771/2018
BETWEEN
JONELLE RACHEL PHILLIPS Appellant
AND
THE QUEEN Respondent
CA783/2018
BETWEEN
LEANNE MAREE CRIGHTON Appellant
AND
THE QUEEN Respondent
Hearing:
16–17 April 2019 (further submissions received 29 May 2019)
Court:
Kós P, French, Miller, Brown and Clifford JJ
Counsel:
M A Corlett QC for Appellants Zhang and Yip A J Bailey and E Huda for Appellant Hobson M J Phelps for Appellant Thompson M N Pecotic for Appellant Phillips A J D Bamford and E J Riddell for Appellant Crighton M J Lillico and M L Wong for Respondent A S Butler, J M Paenga and S W H Fletcher for Human Rights Commission as Intervener J R Rapley QC and E J Watt for New Zealand Law Society, New Zealand Bar Association and Auckland District Law Society as Interveners C W J Stevenson and E A Hall for Criminal Bar Association of New Zealand and Public Defence Service as Interveners C P Merrick and E I Haronga for Te Hunga Rōia Māori o Aotearoa as Intervener
Judgment:
21 October 2019 at 11.30 am
JUDGMENT OF THE COURT
CA606/2018 Zhang v R
AThe appeal against sentence is dismissed.
CA617/2018 Hobson v R
B The application for an extension of time to appeal is granted.
C The appeal against sentence is allowed.
D The sentence of nine years’ imprisonment is quashed and substituted with a sentence of seven years and 10 months’ imprisonment.
EThe minimum period of imprisonment imposed is quashed.
CA726/2018Thompson v R
F The application for an extension of time to appeal is granted.
GThe appeal against sentence is dismissed.
CA750/2018 Yip v R
H The application for an extension of time to appeal is granted.
The appeal against sentence is allowed.
JThe sentence of 16 years and six months’ imprisonment is quashed and substituted with a sentence of 15 years’ imprisonment.
KThe minimum period of imprisonment is quashed and substituted with a minimum period of imprisonment of seven years and six months.
CA771/2018 Phillips v R
L The application for an extension of time to appeal is granted.
MThe application to adduce further evidence on appeal is declined.
NThe appeal against sentence is allowed.
O The sentence of four years and three months’ imprisonment is quashed and substituted with a sentence of three years and two months’ imprisonment.
CA783/2018 Crighton v R
PThe application for leave to bring a second appeal is granted.
QThe appeal against sentence will be allowed, but further submissions are sought on formal disposition of the appeal in light of [201] and [202] of the judgment.
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
Zhang v R [2019] NZCA 507
Case
[2019] NZCA 507
Decision Date
CaseChat Overview and Summary
The appeal of Jing Yuan Zhang was dismissed. The appeal of Shane Thompson was dismissed. The appeal of Lok Sing Yip was allowed. The sentence of 16 years and six months’ imprisonment was quashed and substituted with a sentence of 15 years’ imprisonment. The minimum period of imprisonment of eight years was quashed and substituted with a minimum period of imprisonment of seven years and six months. The appeal of Jacqueline Josephine Hobson was allowed. The sentence of nine years’ imprisonment was quashed and substituted with a sentence of seven years and 10 months’ imprisonment. The minimum period of imprisonment was quashed. The appeal of Jonelle Rachel Phillips was allowed. The sentence of four years and three months’ imprisonment was quashed and substituted with a sentence of three years and two months’ imprisonment. The application for an extension of time to appeal was granted. The appeal of Leanne Maree Crighton was allowed. The sentence was quashed. The application for leave to bring a second appeal was granted. Further submissions were sought on formal disposition of the appeal.