Ian Edward Hitchcock v The Queen
[2017] NZSC 71
•17 May 2017
| NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF COMPLAINANTS PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. |
| IN THE SUPREME COURT OF NEW ZEALAND |
| SC 126/2016 [2017] NZSC 71 |
| BETWEEN | IAN EDWARD HITCHCOCK |
| AND | THE QUEEN |
| Court: | William Young, Arnold and Ellen France JJ |
Counsel: | L Hitchcock for Applicant |
Judgment: | 17 May 2017 |
JUDGMENT OF THE COURT
The application for recall is dismissed.
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REASONS
The applicant has sought a recall of the judgment of this Court dismissing his application for leave to appeal.[1] The application is made on the basis the Court has not taken into account that late disclosure by the police of cellphone evidence meant critical evidence was not made available at trial or available for consideration by the Court of Appeal.
[1]Hitchcock v R [2017] NZSC 29.
The text of the Court’s judgment makes it clear that the applicant’s argument on this aspect was understood and addressed. No viable basis for recall has been put forward. The application for recall is accordingly dismissed.
Solicitors:
Crown Law Office, Wellington for Respondent
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