Published 03 October 2019
Sentencing — wilfully attempting to pervert the course of justice — filming jury pool — R v Churchward CA439/05, 2 March 2006 — R v Veatupu [2018] NZHC 2640 — R v Mail HC Auckland CRI-2008-004-16181, 26 June 2009 — R v Bowling HC Wellington CRI-2007-032-3065, 30 May 2008. The defendant appeared for sentence after being found guilty one on charge of wilfully attempting to pervert the course of justice. He had gone to the opening day of the jury trial of a man who was the vice president of a gang to which the defendant belonged. There the defendant was seen using his phone to film candidates for jury selection. Some of the potential jurors noticed and were intimidated by the defendant's actions, and as a result the trial had to be abandoned. The defendant showed no genuine remorse and no real insight into his offending. His offending had serious consequences (the abandonment of the trial) and also had gang overtones. The Court found the offending more serious than that in several comparable cases, and adopted a start point for sentence of three years. There were no mitigating factors, leaving the sentence at three years' imprisonment. Judgment Date: 7 June 2019.
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