THE QUEEN v SONNY CRAWFORD [1999] NZCA 268 (18 November 1999)

IN THE court of appeal of new zealand

ca301/99

THE QUEEN

V

SONNY CRAWFORD

Coram:	Gault J Thomas J Blanchard J
Decision: (ex parte)	18 November 1999

judgment of the court delivered by blanchard j

[1] The appellant, Mr Crawford, was charged with possession of an offensive weapon and wounding with intent to cause grievous bodily harm.He was convicted in the District Court at Wellington and sentenced to two and a half years' imprisonment.He now appeals against that conviction.

[2] At around 11pm on Friday 24 July 1998 Mr Crawford was drinking in a Wellington bar with a group of associates.The complainant in this matter, Mr Stewart, was also drinking in the bar with a group of four persons.Mr Stewart intervened orally in an argument Mr Crawford had with a female associate.A short time later Mr Crawford challenged Mr Stewart's brother to a fight.Mr Stewart moved to intervene, and he and Mr Crawford wrestled with each other.After a short struggle, associates pulled the two apart.A stand-off between the two groups ensued.

[3] A number of witnesses in the bar then saw Mr Crawford apparently holding a narrow, pointed object in his hand.The object was a metal spike, a letter-opener type instrument.He brandished this towards Mr Stewart, yelling and being aggressive.Mr Stewart was holding a bar stool to defend himself. The stool was knocked out of his hands by another bar patron.Mr Stewart and another of his associates, Mr Broderick, decided to leave the bar and went into the foyer area of the hotel.Mr Crawford left the bar by another entrance and ran around to the foyer.He knocked Mr Broderick to the ground and then ran at Mr Stewart, striking him numerous times around the head and neck with the spike instrument.Mr Stewart received eight small puncture wounds.

[4] Mr Crawford applied for legal aid in respect of this appeal.The Registrar declined the application after the necessary consultation with a Judge of this Court pursuant to s 15 of the Legal Services Act 1991.Mr Crawford's application for review of the Registrar's decision by a Judge of this Court was also unsuccessful.The appeal is therefore being determined on the basis of written submissions provided by the appellant.

[5] Mr Crawford appeals on the grounds that there was a miscarriage of justice, in that the verdict is unreasonable or cannot be supported by the evidence.He submitted that there was no reliable evidence that he had a knife and that he caused injury to Mr Stewart using the knife.Also received from Mr Crawford was a reasonably comprehensive review of the evidence, particularly that of Mr Stewart.Mr Crawford questioned Mr Stewart's recollection of the incident and surrounding events, emphasising how much alcohol he had consumed that evening. He pointed out inconsistencies in the evidence, and attempted to call into question the identification of him as the offender, and as having been in possession of any weapon.

[6] We have considered all of Mr Crawford's submissions but are nevertheless satisfied that there was sufficient evidence upon which a jury could reasonably convict and that the verdict was not unsafe.It is clear from the evidence that there was an altercation in the nature of a bar-room brawl between Mr Crawford and the complainant, Mr Stewart.The evidence of several witnesses, including the bar owner and two staff members who were present that evening, but in particular that of Mr Stewart and his associate Mr Broderick, supports the jury's findings that Mr Crawford was in possession of the metal spike implement, and that he used it against Mr Stewart.

[7] Accordingly, the appeal is dismissed.