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R v Symes [2018] NZDC 6006

Published 10 April 2019

Judge alone trial — aggravated robbery — beyond reasonable doubt — identification. The defendant appeared in a Judge alone trial on a charge of aggravated robbery. The complainant alleged that while he was at the back of a building with some associates, the defendant and two others engaged with the complainant before punching him and taking cash, a watch and a smartphone. The defence relied on the argument that it was one of the defendant's companions who attacked the complainant, and that out of fear, the complainant had incorrectly attributed the offending to the defendant. The Judge heard evidence from the complainant and Police, as well as the defendant, and after weighing the evidence determined beyond reasonable doubt that the defendant did in fact commit the aggravated robbery. Judgment Date: 27 March 2018.