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

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Mens Rea & Intention

  • Murder

  • Causation

  • Unlawful Act Manslaughter

  • Jury Directions

  • Evidence

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Most Recent Citation
R v Hayde [2024] NZHC 374

Cases Citing This Decision

16

Adams v The Queen [2017] NZCA 17
Cases Cited

6

Statutory Material Cited

0

R v Kumar [2015] NZHC 954
R v Kumar [2015] NZSC 124
Ahsin v R [2014] NZSC 153