A higher court has dismissed an appeal by a man, serving a lengthy prison term for raping a woman he was in a relationship with, after he claimed the trial judge's summing up to the jury favoured the Crown case.
The man, who cannot be identified for legal reasons, was found guilty by a jury in the Whangarei District Court two years ago on single charges of rape, sexual violation by unlawful sexual connection, male assaults female, attempting to pervert the course of justice, two charges of indecent assault, two of kidnapping and three of a breach of a protection order.
He was sentenced by Judge John McDonald to 10 years in prison.
His lawyer Chris Muston argued in the Court of Appeal that the trial judge directed the jury to believe the complainant, set out his client's evidence in a manner which was unduly favourable to her, and misrepresented the defence case.
The lawyer pointed to a number of examples, in particular a sentence by Judge McDonald that read: "If something violent happens towards you, you are seriously assaulted or raped, you might think as a matter of common sense that that would be etched in your minds forever."
Mr Muston claimed the judge was telling the jury that the complainant was to be believed.
The Crown rejected his argument at the appeal hearing.
The Court of Appeal judges said although the reference to violent incidents such as a serious assault or rape being "etched in your minds" carried a risk, the comment was made very early in the summing up.
They said Judge McDonald didn't tie the comment to the defendant's trial.
Mr Muston referred to another line where the judge used the words "romantic lovemaking" and said they hadn't been used either by the defendant or his lawyer during trial.
The judge's use of them, Mr Muston argued, was powerful, unnecessary and unhelpful, and misrepresented the defence case.
The Court of Appeal judges ruled that Judge McDonald's use of the word "romantic" was unnecessary, however, the word didn't raise a real risk of injustice or prejudice against the defendant.