Flasher's appeal rejected

Last updated 16:06 13/12/2013

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The Supreme Court has declined to hear an appeal against conviction for a New Plymouth man found guilty of exposing himself to children.

Darren George Hosking applied to New Zealand's top court saying there  were errors made in his case.

This week the Supreme Court rejected that application saying it did not find a miscarriage of justice.

''We are not satisfied that it is necessary in the interests of justice for this Court to hear and determine an appeal in this case.

''We do not see the present case as raising any matter of general or public importance in that connection. Moreover, we see no risk of a substantial miscarriage of justice.''

Following a District Court jury trial,  Mr Hosking was convicted of seven counts of doing an indecent act in a public place.

Judge Allan Roberts sentenced him to 15 months' imprisonment on the lead offence.

The Court of Appeal quashed two of the convictions, ordering retrials, on the ground that the trial judge did not give the usual direction that the jury should consider each count separately and the court could not be satisfied that there was no substantial miscarriage of justice given the evidence in relation to those two counts.

The Court upheld the remaining convictions but reduced Hosking's sentence to 12 months' imprisonment. The Crown has decided not to proceed with the retrials.

Hosking, through his lawyer Patrick Mooney argued the judge's instructions to the jury were inadequate and that the court should have ordered a new trial on all charges.

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- © Fairfax NZ News

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