R v T Ca11/01

[2001] NZCA 433

IN THE COURT OF APPEAL OF NEW ZEALAND  CA112/01

THE QUEEN

V

T (CA112/01)

Hearing:  27 November 2001

Coram:  McGrath J Doogue J

John Hansen J

Appearances:  R Lithgow and D LaHood for the Appellant

G Burston and M Berridge for the Crown

Judgment:  27 November 2001

JUDGMENT OF THE COURT DELIVERED BY McGRATH J

[1]      This appeal against conviction on a count of sexual violation by rape is allowed.  The conviction is quashed and there will be a retrial of that count in the District Court.

[2]      Reasons for the decision of the Court will follow.

Solicitors

Sladden Cochrane, Wellington, for Appellant

Crown Solicitor, Wellington, for Crown