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R v Paul [2021] NZDC 13585

Published 29 July 2022

Judge-alone trial — attempting to defeat the course of justice — lying to court — lying to counsel — Crimes Act 1961, s 117(e) — Evidence Act 2006, s 9 — McMahon v R [2009] NZCA 472 — R v Meyrick CA 513-04, 14 June 2005 — R v MPP [2017] NZCA 314 — R v Rafique [1993] 4 All ER 1 — Kane v R [1968] NZLR 787 — Slavich v Heath DC Auckland, 21 January 2014 — Kumar v R [2015] NZHC 1034 — Tamati v R NZCA 117-202. The defendant faced a charge of attempting to defeat the course of justice. He had originally faced a charge of theft after failing to fully pay a petrol station for fuel. The defendant then falsely told his defence counsel that he had repaid the money he owed; the counsel in turn communicated this false information to the Court, and as a result the charge was withdrawn. The charge of attempting to defeat the course of justice was laid after the petrol station staff advised that the defendant had not in fact repaid them. In the current matter the defendant had elected to give evidence. The Court found that his evidence was not credible, and was indeed false. He had the intention to obstruct the course of justice. The charge was found proven and the defendant was convicted. Judgment Date: 1 July 2021.