B v The Queen
[2011] NZSC 9
•25 February 2011
| NOTE: PUBLICATION OF THE NAME OR IDENTIFYING PARTICULARS OF THE COMPLAINANT (INCLUDING THE RELATIONSHIP OF THE COMPLAINANT TO THE APPELLANT) IS PROHIBITED BY S 139 OF THE CRIMINAL JUSTICE ACT 1985. |
| IN THE SUPREME COURT OF NEW ZEALAND |
| SC 114/2010 [2011] NZSC 9 |
| B |
| v |
| THE QUEEN |
| Court: Elias CJ, Blanchard and Tipping JJ |
| Counsel: T Sutcliffe for Appellant |
| Judgment: 25 February 2011 |
JUDGMENT OF THE COURT
A The application for leave to appeal is granted.
BThe approved ground is whether the evidence of complaints to two family members was admissible.
REASONS
Leave is not granted on the other proposed ground concerning evidence given of something said by the appellant to the complainant’s mother. We agree with the Court of Appeal[1] that this evidence could not have led to a substantial miscarriage of justice.
[1] B (CA 110/2010) v R [2010] NZCA 493.
Solicitors:
Crown Law Office, Wellington
0
0
0