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: State Opening Of Parliament

The House sits at 10.30am today before MPs are summoned to hear the Speech from the Throne in the Legislative Council Chamber.

The speech delivered by the Governor-General on the Government’s behalf outlines its priorities for this Parliament.

After this MPs will return to the House for the presentation of petitions and papers and the introduction of any bills.

The Government has five notices of motion on the Order Paper which can be debated. These relate to relating to the appointment of the Deputy Speaker, Assistant Speakers, the reinstatement of business in a carryover motion and one on “Entities to be deemed public organisations”. More>>

 

Labour: Review Team Named, Leadership Campaign Starts

Labour’s New Zealand Council has appointed Bryan Gould as Convenor of its post-General Election Review. He will be joined on the Review Team by Hon Margaret Wilson, Stacey Morrison and Brian Corban.

ALSO:


Roy Morgan Poll: National Slips, Labour Hits Lows

The first New Zealand Roy Morgan Poll since the NZ Election shows National 43.5% (down 3.54% since the September 20 Election). This isn’t unusual, National support has dropped after each of John Key’s Election victories... However, support for the main opposition Labour Party has crashed to 22.5% (down 2.63% and the lowest support for Labour since the 1914 NZ Election as United Labour). More>>

ALSO:

In On First Round: New Zealand Wins Security Council Seat

Prime Minister John Key has welcomed New Zealand securing a place on the United Nations Security Council for the 2015-16 term. More>>

ALSO:

TPP Leak: Intellectual Property Text Confirms Risk - Jane Kelsey

The US is continuing its assault on generic medicines through numerous proposed changes to patent laws. ‘These are bound to impact on Pharmac if they are accepted’, according to Professor Kelsey... Copyright is another area of ongoing sensitivity... More>>

ALSO:

RMA: Smith Plans Reform To Ease Urban Development

Newly appointed Environment Minister Nick Smith has announced Resource Management Act reform to foster urban development, where high land prices and expensive resource consents are blocking efforts to provide affordable housing. More>>>

ALSO:

Gordon Campbell: On New Zealand getting involved (again) in other people's wars

Apparently, the Key government is still pondering how New Zealand will contribute to the fight against Islamic State. Long may it ponder, given the lack of consensus among our allies as to how to fight IS, where to fight it (Syria, Iraq, or both?) and with whose ground troops, pray tell? More>>

ALSO:

Gordon Campbell: On child poverty, and David Shearer’s latest outburst

The politicisation of (a) the public service and (b) the operations of the Official Information Act have been highlighted by the policy advice package on child poverty that RNZ’s resolute political editor Brent Edwards has finally prised out of the Ministry of Social Development. More>>

ALSO:

Gordon Campbell: On the government’s review of security laws

So the Key government is about to launch a four week review of the ability of our existing legislation to deal with “suspected and returning foreign terrorist fighters, and other violent extremists.”

According to its terms of reference, the review will consider whether the SIS, GCSB and Police are sufficiently able right now to (a) investigate and monitor suspected and returning foreign terrorist fighters… More>>

ALSO:

Labour Davids: Lisa Owen Interviews David Shearer

David Shearer still mulling whether to stand for Labour leadership but says his family doesn’t think it’s a good idea. Declares that it will be “incredibly divisive” for the Labour caucus if David Cunliffe returns to the role of leader. More>>

ALSO:

Taser Use & False Evidence: Timaru Officers "Failed To Follow Good Policing Practice"

The Authority found that even if Mr Reuben’s contact with the officer was deliberate it amounted to only a minor assault. While it found the use of the OC spray was justified, the use of the Taser was not a proportionate response... More>>

ALSO:

Little Surprise: Andrew Little To Contest Labour Leadership

I have decided to contest the Labour Party leadership. There are three immediate issues to deal with: creating greater cohesion across the caucus, rebuilding the relationship between caucus and the Party and, most importantly getting the process under way to listen to the voters who have abandoned us... More>>

ALSO:

Two Fewer Votes In Recount: "Positive Result" - Harawira

When I applied for a recount of the votes from the Tai Tokerau election, I made it clear that this application was not aimed at overturning the election result, but ensuring that all votes cast by Maori were treated with due respect, regardless of whether those votes are for Labour, Maori Party or MANA. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news