Deryck Joseph Morgan v The Queen

[2009] NZSC 22

IN THE SUPREME COURT OF NEW ZEALAND

SC 92/2008
[2009] NZSC 22

DERYCK JOSEPH MORGAN

v

THE QUEEN

Court:Blanchard, Tipping and McGrath JJ

Counsel:A Bailey for Appellant

A Markham for Respondent

Judgment:25 March 2009 

JUDGMENT OF THE COURT

A        Leave to appeal is granted.

BThe approved ground is whether there has been a miscarriage of justice by dint of:

(a)the admission of Mr Roskam's statement into evidence; and/or

(b)the failure of the trial Judge to afford an opportunity to the appellant's counsel to cross-examine on the statement.

Solicitors:
Crown Law Office, Wellington