Kumar v R
Case
•
[2016] NZCA 329
•14 July 2016
Details
AGLC
Case
Decision Date
Kumar v The Queen [2016] NZCA 329
[2016] NZCA 329
14 July 2016
CaseChat Overview and Summary
In Kumar v R, the Court of Appeal of New Zealand dismissed the appeals of Shivneel Kumar and Bryne Permal against their convictions for the murder of Shalvin Prasad. Both appellants were found guilty of murdering Mr Prasad by setting him alight while he was still alive. The Court upheld the trial judge's directions to the jury on the one transaction theory of murder, rejecting the appellants' argument that the Crown had not proven its case according to the leading authorities. The Court also dismissed the appellants' appeals against the minimum periods of imprisonment imposed, finding that the circumstances of the offending justified the 17-year minimum term. The Court held that the murder was committed with a high level of cruelty and callousness, and that the appellants were fully cognisant of their conduct and its consequences.
Details
Key Legal Topics
Areas of Law
-
Criminal Law
Legal Concepts
-
Criminal Liability
-
Mens Rea & Intention
-
Murder
-
Causation
-
Unlawful Act Manslaughter
-
Jury Directions
-
Evidence
Actions
Download as PDF
Download as Word Document
Citations
Kumar v The Queen [2016] NZCA 329
Most Recent Citation
R v Hayde [2024] NZHC 374
Cases Citing This Decision
16
Shivneel Shahil Kumar v The Queen, and Bryne Permal v The Queen
[2016] NZSC 147
Adams v The Queen
[2017] NZCA 17
The King v Leigh Matthew Frederick Beer
[2024] NZHC 2618