L v The Queen
[2014] NZSC 107
•8 August 2014
| NOTE: PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 139 OF THE CRIMINAL JUSTICE ACT 1985. NOTE: DISTRICT COURT ORDER SUPPRESSING THE NAME OF THE APPELLANT CONTINUES IN FORCE. |
| IN THE SUPREME COURT OF NEW ZEALAND |
| SC 28/2014 [2014] NZSC 107 |
| BETWEEN | L |
| AND | THE QUEEN |
| Court: | McGrath, William Young and Arnold JJ |
Counsel: | A N Isac for Applicant |
Judgment: | 8 August 2014 |
JUDGMENT OF THE COURT
A Leave to appeal out of time is granted (L (CA707/2012) v R [2013] NZCA 191).
BThe approved grounds of appeal are:
(a)Whether the trial Judge should have given the jury a warning, under s 122(1) of the Evidence Act 2006, concerning the complainant’s evidence; and
(b)Whether the Court of Appeal was wrong to conclude that no miscarriage of justice arose from the Judge’s ruling as to the manner in which the appellant could give evidence of a payment he had made to the complainant.
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REASONS
In its judgment the Court of Appeal rejected a submission from the applicant that the trial Judge should not have admitted in evidence a photograph of the complainant, taken two years before the period of the alleged offending that was the subject of the charge on which the applicant was convicted.[1] We refuse leave to appeal to this Court on that ground. It does not raise any issue of public or general importance. Nor in our view was the admission of the photograph capable of giving rise to a serious miscarriage of justice. Finally the photograph is not material to the grounds on which leave to appeal is given.
[1]L (CA 707/2012) v R [2013] NZCA 91.
Solicitors:
Fitzherbert Rowe, Palmerston North for Applicant
Crown Law Office, Wellington for Respondent
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