L (SC 80/2023) v The King

[2023] NZSC 146

NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY SS 203 AND 204 OF THE CRIMINAL PROCEDURE ACT 2011. SEE

 NOTE: COURT OF APPEAL ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF APPLICANT PURSUANT TO S 200 OF THE CRIMINAL PROCEDURE ACT 2011 REMAINS IN FORCE.

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 80/2023
 [2023] NZSC 146

BETWEEN	L (SC 80/2023) Applicant
AND	THE KING Respondent

Court:	Glazebrook, O’Regan and Kós JJ
Counsel:	H G de Groot and M J McKillop for Applicant R K Thomson for Respondent
Judgment:	3 November 2023

JUDGMENT OF THE COURT

ALeave to appeal is granted (L (CA631/2021) v R[2023] NZCA 246).

BThe approved question is whether the Court of Appeal was correct to dismiss the appeal.

REASONS

1. Leave is granted in general terms, but counsel’s argument should concentrate on the applicability of s 16(2)(b) of the Evidence Act 2006 to the facts of this case.

Solicitors:
Crown Law Office | Te Tari Ture o te Karauna, Wellington for Respondent