Qiu Jiang v The Queen

[2006] NZSC 85

IN THE SUPREME COURT OF NEW ZEALAND

SC 41/2006
[2006] NZSC 85

QIU JIANG

v

THE QUEEN

Hearing:9 October 2006

Court:Blanchard and Tipping JJ

Counsel:W G C Templeton for Appellant

A Markham for Crown

Judgment:9 October 2006 

JUDGMENT OF THE COURT

A.The application for leave to appeal is granted.

B.The grounds approved in terms of Rule 29 are:

[1]       Whether the allegations against the appellant were properly included in a single count.

[2]       Whether the Judge’s unanimity directions were sufficient.

[3]       Whether the Judge sufficiently directed the jury on the fact that the case against the appellant depended essentially on the evidence of the complainant and his wife.

[4]       Whether the “reasonable evidence” test adopted by the Court of Appeal is appropriate for the purpose of the co-conspirators’ rule and whether it was satisfied in this case.

Solicitors:
Crown Law Office, Wellington