Nicola Brownyn Hayes v The Queen

[2007] NZSC 31

IN THE SUPREME COURT OF NEW ZEALAND

SC 16/2007
[2007] NZSC 31

NICOLA BRONWYN HAYES

v

THE QUEEN

Court:Blanchard, Tipping and Anderson JJ

Counsel:P J Davey for Applicant

S B Edwards for Crown

Judgment:8 May 2007 

JUDGMENT OF THE COURT

A        Leave to appeal is granted.

B         The approved grounds are:

(a)Whether, in terms of s 229A, now replaced by s 228, of the Crimes Act 1961 “pecuniary advantage” includes a situation where there is an avoidance of the risk of losing a compensation benefit under accident compensation legislation.

(b)Whether the trial Judge erred in law in not directing the jury in respect of the legislative provisions relating to continuing entitlement to a compensation benefit.

(c)Whether the trial Judge erred in law in directing the jury on intent to defraud.

Solicitors:

Crown Law Office, Wellington