Peter Miles Davies v The Queen

[2008] NZSC 4

IN THE SUPREME COURT OF NEW ZEALAND

SC 83/2007
[2008] NZSC 4

BETWEENPETER MILES DAVIES

Appellant

ANDNEW ZEALAND POLICE

Respondent

Court:Blanchard, Tipping and McGrath JJ

Counsel:G S M McDonald for Appellant

A M Powell for Respondent

Judgment:15 February 2008 

JUDGMENT OF THE COURT

ALeave to appeal against the decision of the Court of Appeal ]2007] NZCA 484 is granted.

BThe approved ground of appeal is:

Whether s 32(5) of the Sentencing Act 2002 prevents the award of reparation to compensate for loss of earnings not compensable under the Injury Prevention, Rehabilitation and Compensation Act 2001.

REASONS

[1]       Leave to appeal is not granted in respect of the ground relating to s 317(1) of the 2001 Act which does not raise a truly arguable point.

Solicitors:
DLA Phillips Fox, Wellington for Appellant
Crown Law, Wellington