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

 

Parliament Today:

Urban & Rural: $303m To Merge And Modernise New Zealand’s Fire Services

Internal Affairs Minister Peter Dunne today announced funding of $303 million over five years to combine urban and rural fire services into one organisation from mid-2017. More>>

ALSO:

High Trust Regime: What Did The PM Tell His Lawyer About Foreign Trusts?

The Government stopped the IRD from reviewing New Zealand foreign trusts shortly after the Prime Minister’s lawyer wrote to the Revenue Minister claiming John Key had promised him the regime would not be changed. More>>

ALSO:

Road Crime: Wicked Campers Vans Classified As Objectionable

The definition of publication includes any "thing that has printed or impressed upon it, or otherwise shown upon it, 1 or more (or a combination of 1 or more) images, representations, signs, statements, or words", The Classification Office has previously classified such 'things' as billboards, t-shirts, and even a drink can. This is the first time the Classification Office has classified a vehicle. More>>

ALSO:

'When New' Repairs: Landmark EQC Settlement

The Earthquake Commission has cut a deal with 98 Canterbury homeowners that affirms the government entity's responsibility to repair earthquake-damaged property to a 'when new' state, as well as covering repairs for undamaged parts of a property and clarifying its position on cash settlement calculations. More>>

ALSO:

Gordon Campbell: On Kiwirail’s Latest Stint In The Dogbox

The denigration of Kiwirail continues. The latest review (based on a 2014 assessment) of the options facing the company have enabled Kiwirail to be hung out to dry once again as a liability and burden on the taxpayer. More>>

ALSO:

Royal Society Report: Good Opportunities To Act Now On Climate Change

There are many actions New Zealand can and should take now to reduce the threat of climate change and transition to a low-carbon economy, a report released today by the Royal Society of New Zealand finds... More>>

ALSO:

Paris Climate Deal Signed: Bennett 'Taking Advice' On Cancelling 'Dodgy' Credits

Climate Change Minister Paula Bennett is "taking advice" on whether to cancel some or all of the so-called 'dodgy' carbon credits bought mainly by power and petrol companies to cover New Zealand's future obligations to reduce emissions of greenhouse gases that cause climate change. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news