O v The Queen

[2007] NZSC 47

IN THE SUPREME COURT OF NEW ZEALAND

SC 25/2007
[2007] NZSC 49

O

v

THE QUEEN

Court:Tipping, McGrath and Anderson JJ

Counsel:D J Sharp for Appellant

K B F Hastie for Crown

Judgment:29 June 2007 

JUDGMENT OF THE COURT

A.We give leave to appeal on the following ground: whether the Court of Appeal correctly interpreted and applied s 385(1)(a) of the Crimes Act 1961; and specifically, whether the verdicts in this case were unreasonable or not supported by the evidence.

B.We decline leave to appeal on all the other grounds advanced in the application.

REASONS

[1]       We do not consider any of the declined grounds qualifies in terms of s 13 of the Supreme Court Act 2003.  Nor do we consider that, in combination, they provide any basis for the Court to conclude that a substantial miscarriage of justice may occur if leave is not granted on those grounds.

Solicitors:
Bernard Bull & Co, Gisborne for Appellant
Crown Law Office, Wellington