H v The Queen

[2013] NZSC 7

NOTE: PUBLICATION OF THE NAME OR IDENTIFYING PARTICULARS OF ANY PERSON UNDER THE AGE OF 17 YEARS WHO APPEARED AS A WITNESS PROHIBITED BY S 139A OF THE CRIMINAL JUSTICE ACT 1985.

IN THE SUPREME COURT OF NEW ZEALAND

SC 54/2012
[2013] NZSC 7

H

v

THE QUEEN

Court:             McGrath, William Young and Glazebrook JJ

Counsel:         Appellant in person
M D Downs for Respondent
N Levy as Amicus

Judgment:      28 February 2013

JUDGMENT OF THE COURT

A    The application for leave to appeal is granted.

BThe approved ground is whether the Court of Appeal’s treatment of the affidavit(s) of H’s son, M, was correct.

REASONS

1. In addressing the above ground, the parties may need to consider the effect of the following provisions: s 389(b) of the Crimes Act 1961, s 83(1)(b) of the Evidence Act 2006, s 60(4) of the Judicature Act 1908 and rr 12B and 12BA of the Court of Appeal (Criminal) Rules 2001.

Solicitors:
Crown Law Office, Wellington