R v Alsford

[2016] NZSC 21

ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANY PART OF THE PROCEEDINGS (INCLUDING THE RESULT) IN NEWS MEDIA OR ON THE INTERNET OR OTHER PUBLICLY AVAILABLE DATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION IN LAW REPORT OR LAW DIGEST PERMITTED.

IN THE SUPREME COURT OF NEW ZEALAND

SC 12/2016

[2016] NZSC 21

BETWEEN

THE QUEEN

Applicant

AND

GREGORY JOHN ALSFORD

Respondent

Court:

Elias CJ, Glazebrook and O'Regan JJ

Counsel:

P D Marshall for the Applicant

J H M Eaton QC for the Respondent

Judgment:

15 March 2016

JUDGMENT OF THE COURT

A        Leave to appeal is granted (R v Alsford [2015] NZCA 628). B The issues are:

(i)whether the electricity consumption records were

improperly obtained from the service provider;

(ii)whether the Court of Appeal was correct to hold that evidence that had earlier been excluded as improperly obtained could not be relied on; and

(iii)whether, even if improperly obtained, the evidence should be admitted under s 30(2)(b) of the Evidence Act 2006.

Solicitors:

Crown Law Office, Wellington for Applicant Kearney & Co, Christchurch for Respondent

R v GREGORY JOHN ALSFORD [2016] NZSC 21 [15 March 2016]