Notice Type
Departmental
conviction of Stephen Karl Collie"> Reference to the Court of Appeal of the Question of the Conviction of Stephen Karl Collie for Wounding with Intent to Cause Grievous Bodily Harm, Threatening to Kill, and Assault with Intent to Commit Sexual Violation MICHAEL HARDIE BOYS, Governor-General ORDER IN COUNCIL At Wellington this 2nd day of December 1996 Present: The Right Hon. J. B. Bolger Presiding in Council Whereas on the 29th day of November 1993, Stephen Karl Collie was convicted in the High Court at Auckland on 17 charges against 7 complainants and, on the 21st day of December 1993, was sentenced to a total of 16 years imprisonment: And whereas Stephen Karl Collie appealed to the Court of Appeal against these convictions and the sentences imposed: And whereas, on the 3rd day of March 1995, the Court of Appeal allowed the appeal of Stephen Karl Collie against his conviction in respect of one count and dismissed his appeal against conviction in respect of all the other counts: And whereas, on the 19th day of May 1995, the Court of Appeal dismissed the appeal of Stephen Karl Collie against sentence: And whereas an application, dated the 24th day of November 1995, has been made by Stephen Karl Collie for the exercise of the mercy of the Crown in respect of his convictions with regard to one of the 7 complainants, being the complainant (a) Who gave evidence at the trial of Stephen Karl Collie that she was attacked by him some time between the 15th day of December 1990 and the 15th day of January 1991 and that he inflicted on her a cut on the side of her forehead and a knife wound to her vagina and that she was treated in hospital for these injuries; and (b) In respect of whom Stephen Karl Collie was convicted of the offences of wounding with intent to cause grievous bodily harm, threatening to kill, and assault with intent to commit sexual violation, who is in this order referred to as ``the complainant'': And whereas Stephen Karl Collie was sentenced to 9 years imprisonment for wounding the complainant with intent to cause grievous bodily harm, cumulative on a 7-year sentence imposed for the rape of another of the complainants, and received sentences concurrent with this 16-year term for all the other offences: And whereas the convictions of Stephen Karl Collie with regard to the complainant followed evidence given at trial that Stephen Karl Collie attacked the complainant some time between the 15th day of December 1990 and the 15th day of January 1991 and that he inflicted on her a cut on the side of her forehead and a wound to her vagina and that the complainant was treated in hospital for these injuries: And whereas the application by Stephen Karl Collie for the exercise of the mercy of the Crown is made on the grounds that: (a) There never was an attack on the complainant as alleged; or (b) If there was such an attack, the perpetrator of the offence or offences was not Stephen Karl Collie: And whereas the application by Stephen Karl Collie for the exercise of the mercy of the Crown makes, in support of these grounds, the submissions (among others) that: (a) There is evidence to prove that the offences could not have occurred when alleged in the indictment, raising major doubts as to the credibility of the complainant; and (b) There is evidence to prove the unlikelihood of the complainant having been knifed in the vagina and further the unlikelihood of her having received treatment at Auckland Hospital or any other medical care centre: And whereas Stephen Karl Collie has tendered, in support of his application for the exercise of the mercy of the Crown, the following documents: (a) A letter, dated the 2nd day of July 1996, from Auckland Healthcare Services Limited advising (among other things) that the patient records of the Auckland Hospital A & E Department for the relevant period had been searched and that there was no record of a person with the complainant's name, or any of the names sometimes used by her, having been treated during the relevant period and that there was no record of any other person having been treated for knife injuries to the vagina during the relevant period; and (b) A copy of the evidence given by the complainant on the 28th day of May 1996 in the District Court at Auckland at the preliminary hearing of a charge of conspiracy to defeat the course of justice then pending against various persons, in which the complainant testifies (among other things) that she did not receive hospital treatment in respect of the attack by Stephen Karl Collie: And whereas Stephen Karl Collie has also tendered, in support of his application for the exercise of the mercy of the Crown, the following documents (among others): (c) A report, dated the 22nd day of November 1995, by Andrew Mackintosh of Auckland, medical practitioner; and (d) An affidavit, dated the 17th day of November 1995, by Colin David Mantell of Auckland, medical practitioner; and (e) An affidavit, dated the 16th day of November 1995, by Deborah Lucille Whitley of Auckland, solo parent; and (f) An affidavit, dated the 16th day of November 1995, by Margaret Rose Ransfield of Rotorua, beneficiary: And whereas it appears from the documents referred to in paragraphs (a) to (f) that evidence is available that could lead the Court of Appeal to the conclusion that, with respect to the charges alleging offences against the complainant, the trial of Stephen Karl Collie was unsatisfactory and that a miscarriage of justice might have occurred: Now therefore, pursuant to section 406 (a) of the Crimes Act 1961, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby refers to the Court of Appeal for hearing and determination the question of the conviction of Stephen Karl Collie for the offences of wounding the complainant with intent to cause grievous bodily harm, threatening to kill the complainant, and assaulting the complainant with intent to commit sexual violation. MARIE SHROFF, Clerk of the Executive Council.
Publication Date
5 Dec 1996

Notice Number

1996-go7932

Page Number

4636