L v The Queen

Case

[2005] NZSC 69

7 October 2005


Details
AGLC Case Decision Date
L v The Queen [2005] NZSC 69 [2005] NZSC 69 7 October 2005

CaseChat Overview and Summary

The Supreme Court of New Zealand considered an appeal in the matter of L v The Queen. The appellant, L, was convicted of an attempted sexual violation and sought leave to appeal to the Supreme Court. The primary issues were the analysis and direction of the jury regarding the ingredients of the offence of attempted sexual violation. The appellant's counsel argued that the Court of Appeal and the trial judge had erred in their understanding and communication of the legal principles involved in the offence of attempted sexual violation. Specifically, the focus was on the roles of the judge and jury in such cases, and whether the jury was correctly directed on these points.

The Supreme Court granted leave to appeal on the specified grounds, allowing the appellant to challenge the legal analysis and jury directions. The court held that the proposed third ground, concerning the evidentiary sufficiency of the verdicts, did not possess the necessary elements of general or public importance to warrant consideration. The court determined that this ground did not suggest a substantial miscarriage of justice that required Supreme Court intervention. Consequently, the appeal proceeded on the first two grounds related to the legal analysis and jury direction of the offence of attempted sexual violation.

The final orders of the court were to grant leave to appeal on the specified grounds and to proceed with the appeal concerning the legal analysis and jury direction of the offence of attempted sexual violation. The court did not grant leave on the third proposed ground related to evidentiary sufficiency, finding it lacking in the necessary elements to warrant further consideration.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Attempted Sexual Violation

  • Mens Rea & Intention

  • Judicial Review

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Most Recent Citation
McAllister v R [2014] NZCA 175

Cases Citing This Decision

4

Creser v The Queen [2014] NZCA 604
McAllister v R [2014] NZCA 175
Creser v The Queen [2014] NZCA 604
Cases Cited

0

Statutory Material Cited

0