Phillip Wayne Hart v The Queen

[2009] NZSC 104

IN THE SUPREME COURT OF NEW ZEALAND

SC 74/2009
[2009] NZSC 104

PHILLIP WAYNE HART

v

THE QUEEN

Court:Blanchard, Tipping and Wilson JJ

Counsel:S J Shamy for Appellant

T Epati for Crown

Judgment:15 October 2009 

JUDGMENT OF THE COURT

A           The application for leave to appeal is granted.

B            The approved grounds of appeal are:

(1)Should the previous consistent statement of the complainant have been admitted under s 35(2) of the Evidence Act 2006?

(2)If so, did the trial Judge correctly direct the jury on the use to be made of that statement?

Solicitors:

Crown Law, Wellington