B v The Queen

[2013] NZSC 37

NOTE: PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 139 OF THE CRIMINAL JUSTICE ACT 1985.

IN THE SUPREME COURT OF NEW ZEALAND

SC 12/2013
[2013] NZSC 37

B (SC 12/2013)

v

THE QUEEN

Court:             William Young and Chambers JJ

Counsel:         R M Lithgow QC  for Applicant
K A L Bicknell for Crown

Judgment:      18 April 2013

JUDGMENT OF THE COURT

A        Leave to appeal is granted.

B        The approved questions are whether:

(i)in light of ss 7 and 44 of the Evidence Act 2006, the Judge should have permitted the applicant to lead all (or some) of the proposed evidence; and

(ii)the apparent inconsistency of the jury’s verdicts warranted the allowing of the appeal.

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Solicitors:
Crown Law Office, Wellington