Hansen v The Queen

[2005] NZSC 74

IN THE SUPREME COURT OF NEW ZEALAND

SC 58/2005
[2005] NZSC 74

PAUL RODNEY HANSEN

v

THE QUEEN

Court:Elias CJ and Gault J

Counsel:S Vidal for Applicant

J C Pike for Respondent

Judgment:24 November 2005 

JUDGMENT OF THE COURT

The application for leave to appeal is granted.

REASONS

[1]       Leave to appeal is granted.  The approved ground, in terms of Rule 29, is whether the Court of Appeal was correct to hold that s6(6) of the Misuse of Drugs Act 1975 imposes a legal burden of proof on the balance of probabilities (as held by the Court of Appeal in R v Phillips).[1]

[1] [1991] 3 NZLR 175.

Solicitors:
Berry and Co, Queenstown for Applicant
Crown Law Office, Wellington