Milligan v The Queen

Case

[2010] NZCA 368

12 August 2010

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IN THE COURT OF APPEAL OF NEW ZEALAND

CA356/2010
[2010] NZCA 368

BETWEENGARTH MILLIGAN


Appellant

ANDTHE QUEEN


Respondent

Hearing:12 August 2010

Court:Chambers, Rodney Hansen and Heath JJ

Counsel:A G Speed for Appellant


T Epati for Respondent

Judgment:12 August 2010 

JUDGMENT OF THE COURT

Leave to appeal against the District Court decision dated 26 May 2010 is granted on the following questions:

1.        Should the search warrant have been granted with respect to Mr Milligan’s home at 24 Scotstoun Place? 

2.        If the search was unlawful and unreasonable, should the evidence obtained from it be ruled inadmissible under s 30 of the Evidence Act 2006? 

Solicitors:

Crown Law Office, Wellington

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