Ellis v The Queen

[2021] NZSC 63

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

 NOTE: PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF WITNESSES UNDER 17 YEARS OF AGE PROHIBITED BY S 139A OF THE CRIMINAL JUSTICE ACT 1985.

 NOTE: ORDER PROHIBITING PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF THE COMPLAINANT, HER FAMILY MEMBERS AND HER BOYFRIEND REMAINS IN FORCE.

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 49/2019
 [2021] NZSC 63

BETWEEN	PETER HUGH MCGREGOR ELLIS Appellant
AND	THE QUEEN Respondent

Hearing:	11 November 2020 and 25 March 2021
Court:	Winkelmann CJ, Glazebrook, O’Regan, Williams and Arnold JJ
Counsel:	R A Harrison, S J Gray, B L Irvine and K D W Snelgar for Appellant J R Billington QC and A D H Colley for Respondent
Judgment:	15 June 2021

JUDGMENT OF THE COURT

The respondent’s application to adduce the evidence of the deponent in relation to the alleged incident in 1982/1983 and the affidavits of other proposed witnesses in relation to that incident at the hearing of the appellant’s appeal against conviction is dismissed.

____________________________________________________________________

REASONS

1. The Court is issuing this result judgment so the parties have a clearer picture about the scope of the issues to be addressed at the hearing of the appeal.

2. Reasons will be delivered in the next two to three weeks.

Solicitors:

Crown Law Office, Wellington for Respondent