Lyonel Manurewa Te Pou Taniwha v The Queen

[2015] NZSC 200

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

IN THE SUPREME COURT OF NEW ZEALAND

SC 115/2015
[2015] NZSC 200

BETWEEN	LYONEL MANUREWA TE POU TANIWHA Applicant
AND	THE QUEEN Respondent

Court:	Elias CJ, Glazebrook and Arnold JJ
Counsel:	N P Chisnall for Applicant M D Downs for Respondent
Judgment:	18 December 2015

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted [Taniwha v R [2015] NZCA 434].

BThe approved questions are whether the Court of Appeal erred in its conclusions that:

(a)no miscarriage of justice arose as a result of the absence of a tailored demeanour direction in the Judge’s summing up to the jury; and

(b)evidence of the appellant’s breach of a police safety order two days after the date covered by the final count alleged in the indictment was admissible and no “proper use” direction was required.

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Solicitors:
Crown Law Office, Wellington for Respondent