Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

John Patrick Round v The Queen

ROUND v R SC 59/2005 [24 November 2005]
IN THE SUPREME COURT OF NEW ZEALAND
SC 59/2005
[2005] NZSC 75

JOHN PATRICK ROUND
v
THE QUEEN

Court: Elias CJ and Gault J
Counsel: S J Shamy for Applicant
K B F Hastie for Respondent
Judgment: 24 November 2005

JUDGMENT OF THE COURT
The application for leave to appeal is dismissed.

REASONS
[1] The applicant applies for leave to appeal from a decision of the Court of Appeal dated 29 August 2005 dismissing his appeal against conviction. The applicant had been convicted of sexual violation by digital penetration. The defence was that the complainant was mistaken in her identification of the applicant as the person who had assaulted her. The complainant’s identification of the applicant was supported by some evidence that his DNA was found around her mouth. In the Court of Appeal, the applicant maintained that trial counsel had failed to follow instructions in cross-examination of the complainant and in failing to call the applicant to give evidence t suggest how his DNA might have been transferred to the complainant indirectly.

[2] The Court of Appeal received affidavits from the applicant and his wife and an affidavit from trial counsel in response. None of the deponents was required for cross-examination. In addition to the affidavits, the Court of Appeal considered correspondence between the applicant and trial counsel and trial counsel’s file notes.

The Court concluded that the decision not to call the applicant was his own decision.

Nor was the Court convinced that any miscarriage of justice resulted from the absence of evidence from the applicant explaining how transference of DNA could have occurred. The risk of transference of DNA was referred to in submissions and relied upon expert evidence as to the ease with which such transference could occur.

The Court of Appeal considered that the absence of direct but speculative evidence of opportunity did not prevent the defence being put adequately. The Court did not accept that more aggressive cross-examination of the complainant would have benefited the applicant.

[3] She was firm in her identification and became firmer when questioned. No basis for questioning these assessments by the Court of Appeal such as could give rise to fear of miscarriage of justice has been put forward. No question of general or public importance arises. We are satisfied that it is not necessary in the interests of justice for this court to grant leave to bring the proposed appeal.

Solicitors:
S J Shamy, Christchurch for Applicant
Crown Law Office, Wellington

ENDS

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Peters/Ardern Triumph

There are a lot of good reasons to feel joyful about this outcome. It is what so many young voters – the best hope for the country’s future – wanted.

Far more important than the implications for the Economy Gods ( is the dollar up or down? ) last night’s outcome will also mean many, many vulnerable New Zealanders will have a better life over the next three years at least.

Yet the desire for change was in the majority, across the country..>>>More


Reaction

Labour on its agreement |Peters: Post-Election Announcement Speech | Greenpeace “cautiously hopeful” about new Government | ACT - Madman on the loose | E tū ecstatic | Chamber welcomes the outcome | Greens on their joining Govt | EDS welcomes new govt | Immigrant groups worry | Feds ready to engage new coalition government | Labour Ministers of the Crown announced

 

Climate: Increasing Greenhouse Emissions Hit NZ

New Zealand is seeing impacts of excess greenhouse gas emissions in our climate and oceans, according to the latest national report from the Ministry for the Environment and Stats NZ about the state of the atmosphere and climate…More>>

ALSO:


Wellington.Scoop: Arrests At Blockade Of "Weapons Expo"

“We encourage people in Wellington to get down to the Westpac Stadium now for a day of awesome peace action. There will be plenty of food, music and activities to keep us sustained through the day.” More>>

ALSO:

Rorschach Restructuring: PSA Taking Inland Revenue To Court Over Psychometrics

The Public Service Association will be seeing Inland Revenue in Employment Court over its intention to psychometrically test employees reapplying for their roles at the department as part of its controversial Business Transformation restructuring plan. More>>

ALSO:

Nuclear Disarmament: Nobel Peace Prize 2017 Awarded To ICAN

Congratulations from iCAN Aotearoa New Zealand to international iCAN, the other iCAN national campaigns and partner organisations, and the countless organisations and individuals who have worked so hard for a nuclear weapons-free world since 1945. More>>

ALSO:

Expenses: Waikato DHB CEO Resigns

An independent inquiry has identified that Dr Murray had spent more than the agreed $25K allocated for relocation costs, and other unauthorized expenses involving potential financial breaches of the chief executive’s obligations. More>>

ALSO:

Wellington.Scoop: Sad About The Trolley Buses?

The Regional Council’s MetLink is today spending money to tell us that it really loves Wellington’s trolley buses, even though they’re all being taken off our roads by the end of this month. More>>

ALSO:

Post-Election: Preliminary Coalition Talks Begin

New Zealand First will hold post-election preliminary discussions in Wellington with the National Party tomorrow morning and the Labour Party tomorrow afternoon. More>>

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages

Opening the Election