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

 


Judgment: Kapa v R

[Full judgment: SC_114_2011__James_Kapa_v_R.pdf]


Supreme Court of New Zealand

20 December 2012

MEDIA RELEASE – FOR IMMEDIATE PUBLICATION

JAMES JOSEPH KAPA v THE QUEEN

(SC 114/2011)

[2012 ] NZSC 119

PRESS SUMMARY

This summary is provided to assist in the understanding of the Court’s judgment. It does not comprise part of the reasons for that judgment. The full judgment with reasons is the only authoritative document. The full text of the judgment and reasons can be found at www.courtsofnz.govt.nz.

On 2 December 2007 James Kapa, the appellant, and Ronald van Wakeren burgled the National Army Museum at Waiouru and stole 96 gallantry medals worth over $5 million. Two members of the public, Lord Ashcroft and Mr Tom Sturgess, offered a substantial award of up to $300,000 for the return of these medals. The Commissioner of Police administered the award. Messrs Kapa and van Wakeren handed over the medals anonymously, through their lawyer, to the Commissioner. In return, Mr Kapa received $100,000 and Mr van Wakeren received $100,000. Messrs Kapa and van Wakeren were eventually arrested for and charged with burglary of the museum. Both pleaded guilty. Mr van Wakeren repaid his share of the reward but Mr Kapa did not. The District Court Judge imposed on Mr Kapa both a sentence of imprisonment and a sentence of reparation of $100,000, being the reward amount that Mr Kapa received. The issue for the Supreme Court was whether Lord Ashcroft and Mr Sturgess, as the reward donors, were persons for whose benefit a sentence of reparation could be made under s 32 of the Sentencing Act 2002.

The Supreme Court has held, by a majority comprising Elias CJ, McGrath, William Young and Chambers JJ, that the donors of the reward were not persons for whose benefit a sentence of reparation could be made. Only victims, as defined in s 4 of the Sentencing Act, can be the recipients of a sentence of reparation under s 32(1). Specifically, a person who is not himself or herself a victim cannot recover for loss or damage consequential on a victim’s loss of or damage to property under s 32(1)(c). Reward donors do not, by their payments, make themselves victims. The loss suffered by reward donors cannot be considered direct loss under s 32(1)(a) or consequential loss under s 32(1)(c). Nor can the Commissioner of Police recover reward money by way of a sentence of reparation. The costs he incurs are part of his investigative expenses. However, it may be possible to recover the reward amount from Mr Kapa under the Criminal Proceeds (Recovery) Act 2009.

Glazebrook J dissents. She would have held that reward donors have suffered a direct loss under s 32(1)(a), if not consequential loss under s 32(1)(c).

In accordance with the views of the majority, the appeal is accordingly allowed and the sentence of reparation is quashed.


[Full judgment: SC_114_2011__James_Kapa_v_R.pdf]

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell:
On War Crimes And The Afghan Insurgency

Truly, with friends like former defence Minster Wayne Mapp, the SAS does not need enemies. At the very least, the Hit and Run book has raised the possibility that the New Zealand SAS committed war crimes in the attack they led in Afghnistan upon the villages of Naik and Khak Khuday Dad...

Mapp’s attempted defence of the SAS on RNZ this morning unintentionally indicated that collective punishment was baked into the planning exercise for the raid, and also into how the raid proceeded on the ground. More>>

 

Biscuit Tin Of Democracy: World Heritage Site Protection, Ombudsman and Equal Pay Bills Drawn

On Thursday, 23 March 2017 three places are available on the Order Paper for the first reading of a Member’s bill. The ballot was held, and resulted in the following bills being drawn... More>>

ALSO:

Emissions Plan: NZ Needs More Science, More Trees, Fewer Beasts

A combination of technology breakthroughs, much more plantation forestry, and a big switch away from pastoral, particularly dairy farming, are identified as the key elements of any approach New Zealand takes to reducing its carbon emissions to a net zero level, according to a new report sponsored by the New Zealand chapter of GLOBE, a multi-party, global parliamentary grouping. More>>

ALSO:

"Backed To Win Seats": Labour Māori Seat MPs Won't Stand On List

The Labour Party is backing a request from its Māori seat MPs to stand as electorate MPs only, says Labour Leader Andrew Little. More>>

Productivity Commission: New Models Of Tertiary Education Are Coming

The report is a broad-ranging inquiry into how well New Zealand’s tertiary education system is set up to respond to emerging trends in technology and the internationalisation of education, and changes in the structure of the population, and the skills needed in the economy and society... More>>

ALSO:

PM's Press Conference: Water Everywhere

Monday's Post-Cabinet press conference focused on water, with the Prime Minister fielding questions about the possibility pricing water taken for export. Mr English said the government was directing their water allocation technical advisory group to include export water in considerations. More>>

ALSO:

Kim Workman: Reality Check Needed For Public Service Reoffending Target

Reducing the prison population results in a reduction in re-offending. Shortening sentences reduces reoffending... More>>

ALSO:

PSA: Minister Should Stop Dodging On Salisbury School

"The decision around the future of Salisbury School has been overdue for months, and the ambiguity is leaving parents, staff and students in limbo. It’s time the Minister stopped hiding, muddying the waters and being dishonest about her Ministry’s intentions," says Erin Polaczuk, PSA national secretary. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news