Lloyd v The Queen

[2004] NZCA 201

IN THE COURT OF APPEAL OF NEW ZEALAND

CA72/02

THE QUEEN

v

LAWRENCE LLOYD

Hearing:25 August 2004

Coram:Chambers J
Williams J
Panckhurst J

Appearances:  K C Bailey for Appellant

J C Pike for Crown

Judgment:25 August 2004 

JUDGMENT OF THE COURT DELIVERED BY CHAMBERS J

[1]       By consent:

(a)   we allow the appeal;

(b)   we quash Mr Lloyd’s conviction for manslaughter;

(c)   we direct a new trial. 

[2]       Mr Pike, for the Crown, has sought a suppression order with respect to matters referred to in memorandums which have been filed and in an affidavit sworn by Inspector James Taare.  The reason for seeking the suppression order is that such is said to be needed to preserve “fair trial” rights of Noel Rogers and, to a lesser extent, Mr Lloyd, should the Crown decide to proceed with a new trial against him.  Mr Bailey, for Mr Lloyd, supports the Crown application for a suppression order. 

[3]       We prefer to deal with the matter in a different way.  The memorandums in question and the affidavit have not been referred to in open court.  We think the better way of dealing with the potential problem to which Mr Pike has referred is to make an order preventing search of the court file without leave of a judge. 

[4]       Accordingly, by consent, we order that the court file, in so far as it consists of memorandums filed by counsel and Inspector Taare’s affidavit, may not be searched, inspected, or copied without the leave of a judge of this court or a judge of the High Court. 

Solicitors:
Crown Law Office, Wellington