1493595204396 - Judge warns jury no one could take revenge for a wrong done

Judge warns jury no one could take revenge for a wrong done

A Wellington jury has begun deciding whether a stepfather injured the man who raped his stepdaughter.

The man can not be named to prevent identification of the rape victim.

He is charged with injuring Jason Haward with intent to injure him and has pleaded not guilty.

Wellington District Court judge Peter Butler on Monday told the jury of 11 women and one man no one in New Zealand was entitled to take the law into their own hands or to take revenge for a wrong done.

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Haward was convicted of rape and in April sentenced to seven years and six months jail.

The Crown has alleged the man saw Haward on the side of the road two days after the rape and leaped out of the car before attacking him, leaving him with bruises, swelling, a broken tooth and a bump to his head.

The man’s lawyer Peter Foster said he had never intended to injure Haward, rather to hold him until police arrived.

The judge said the jury could not allow their decisions to be influenced by emotive feelings.

It was the events on April 23 the jury had to make a decision on, not from two days before when the rape took place. The man was not facing charges over hitting Haward then.

The judge said even if they believed the man was justified in what he did, provocation was not a defence in law.

He said the jury had to be sure he intended to cause actual bodily harm to Haward rather than detain him until the police arrived.