R v Williams CA372/05

[2006] NZCA 504

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

IN THE COURT OF APPEAL OF NEW ZEALAND

CA372/05, CA373/05, CA374/05
CA375/05, CA376/05, CA377/05
CA378/05, CA379/05, CA380/05

CA381/05, CA382/05

THE QUEEN

v

CHRISTOPHER DAVID WILLIAMS DALE ARTHUR WILLIAMS SHANE EDWARD WILLIAMS SCOTT JAMES CORLESS

JOHN IVAN SIMETI JOSEPH ABRAHAM ANAE KURA TIRINGA WILLIAMS PHILLIP ROBARTS

BRIAN SYDNEY MCLAUGHLIN JULIE KAREN NIBLET

JOHN MALCOLM TE MONI

Hearing:         18 May 2006

Court:            William Young P, Glazebrook and Hammond JJ Counsel:     J C Pike and M D Downs for Crown

C P Comeskey for Respondent C D Williams No appearance for Respondent D A Williams L B Cordwell for Respondent S E Williams

R M Mansfield for Respondent S J Corless

C B Cato for Respondents J I Simeti and P Robarts

R V WILLIAMS AND ORS CA CA372/05, CA373/05, CA374/05  29 November 2006

P J B Winter for Respondent J A Anae

P H H Tomlinson for Respondent K T Williams
G N Bradford for Respondents B S McLaughlin and J K Niblet
A G Speed for Respondent J M Te Moni

Judgment:      29 November 2006         at 3pm

JUDGMENT OF THE COURT

A        The application of the Solicitor-General for leave to appeal is allowed. B           The appeal is allowed to the extent set out in C and D.

C        The determination of the High Court that the evidence gained from the

Patiki Road search not be led at trial is confirmed.

DThe evidence gained from the subsequent searches is admissible at trial, subject to the matters set out at [3].

EPublication of the judgment and any part of the proceedings in news media or on internet or other publicly accessible database is prohibited until the final disposition of the trial.  Publication in law report or law

digest is permitted.

RESULT

(Reasons are to follow)

[1]      The application of the Solicitor-General for leave to appeal is allowed and the appeal is allowed to the extent set out below.

[2]      The determination of the High Court Judge that the evidence gained from the

Patiki Road search be excluded at trial is confirmed.

[3]      The evidence gained from the subsequent searches is admissible.   This is subject to the subsequent evidence being able to be given and understood without reference to the Patiki Road search and to any other considerations which have not been raised before this Court.

[4]      The publication of the judgment and any part of the proceedings in the news media or on the internet or other publicly accessible database is prohibited until the final disposition of the trial.  Publication in law report or law digest is permitted.

[5]      Due to the absence overseas of one of the members of the Court, it will not be possible to finalise the reasons for judgment before the end of the year.  Reasons for the judgment will be provided as soon as practicable.

Solicitors:

Crown Law Office, Wellington