Crowhurst v Lawton

[2000] NZCA 154

Civil

08/Aug/2000 CA92/00 Crowhurst & Anor v Lawton & Ors Judgment - recall - appeal against refusal - failure to deal specifically with point argued - other countervailing circumstances - appeal dismissed.

Criminal

07/Aug/2000	136/00	POTAE Stephen Michael v R	Search warrant issues - none of any merit.  Inducement under s20 Evidence Act 1908 - what constitutes an inducement, whether likely to cause untrue admission principles discussed.  Appeal dismissed with Court holding inducement given but not likely to cause untrue admission.  Evidence therefore admissible.
10/Aug/2000	134/00 133/00 128/00	WAGSTAFF Kathryn Margaret v R SPELLACEY Shirley Anne v R SPELLACEY Anthony Ronald v R	Appeals against making of forfeiture orders and refusal of third party relief by person convicted of serious crime, his mother who said she had lent him $100,000 and his de facto partner. - mother's claim allowed on the basis that the facts central to her credibility as to whether the loan was ever made and the date on which it was made were never put to her in cross-examination and her appeal remitted to the District Court for rehearing. - both other appeals dismissed with the de facto partner's appeal being dismissed on the basis that she had failed to quantify her contributions to the land and his being dismissed on the basis of discretion.
10/Aug/2000	198/00	MALONEY Peejay Tapukehika v R (on the papers)	Criminal appeal - challenge to summing up.  Without basis - appeal dismissed.
10/Aug/2000	99/00	RAE Heather Murdock v R	HUMAN RIGHTS - detention under Land Transport Act 1998 - application of Bill of Rights - motorist providing positive evidential breath test - detained during 10 minute period in which to elect blood test - entitled to continuing right to take legal advice - obligation of facilitation continuing - 10 minute period extendable to allow for taking of advice.