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Re Lucas [2023] NZDC 4072

Published 24 October 2023

Contempt of court — abuse of counsel — witness threatening defendant — Contempt of Court Act 2019 — Forest v R [2016] NZHC 3198. A witness had come to Court to give evidence about an aggravated burglary. The Court noted that the witness had used coarse language while giving evidence, and had then begun to abuse the counsel for the defendant. In spite of warnings from the Court, the witness then left the witness box and approached the defendant in a threatening fashion. The witness threw a jugful of water on the defendant before being restrained by court security and taken into detention. The Court considered that the only option was to dismiss the jury and to dismiss the charge against the defendant. After allowing the witness to seek legal advice, the Court noted his subsequent apology and sentenced him to eight days' imprisonment. Judgment Date: 6 March 2023