| IN THE SUPREME COURT OF NEW ZEALAND |
| SC 120/2011 [2012] NZSC 2 |
| MICHAEL ANDREW KEITH HASTIE |
| v |
| THE QUEEN |
| Court: Tipping, McGrath and William Young JJ |
| Counsel: S W Hughes QC for Appellant |
| Judgment: 9 February 2012 |
JUDGMENT OF THE COURT
A The application for leave to appeal is granted.
BThe approved grounds of appeal are whether the directions given to the jury before it delivered its verdicts were appropriate and, if not, whether this gave rise to a substantial miscarriage of justice?
Solicitors:
Crown Law Office, Wellington
- AGLC
- Michael Andrew Keith Hastie v The Queen [2012] NZSC 2
- Case
- [2012] NZSC 2
- Decision Date
CaseChat Overview and Summary
The court considered the nature of the directions given to the jury and whether they were in accordance with established legal principles. The Supreme Court examined the extent to which the directions might have influenced the jury's decision-making process and whether this warranted a substantial miscarriage of justice. The court held that the directions given to the jury did not meet the required standard, and there was a real possibility that the jury's verdicts were affected by the inappropriate directions. As a result, the court concluded that there was indeed a substantial miscarriage of justice in the trial.
The Supreme Court granted the appellant leave to appeal and ruled that the directions given to the jury before they delivered their verdicts were not appropriate, resulting in a substantial miscarriage of justice. The court's judgment highlights the importance of proper jury directions in criminal trials and the potential consequences when such directions are not adequately provided. The outcome of this case serves as a reminder to trial judges of their responsibility to ensure that jury directions are clear, precise, and free from any prejudicial influence.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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