Rolleston v The Queen

[2019] NZSC 32

NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. SEE

 NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF ANY COMPLAINANT UNDER THE AGE OF 18 YEARS WHO APPEARED AS A WITNESS OR NAMED WITNESS UNDER 18 YEARS OF AGE PROHIBITED BY S 204 OF THE CRIMINAL PROCEDURE ACT 2011. SEE

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 17/2019
 [2019] NZSC 32

BETWEEN	BROOKE CHRISTIE ROLLESTON Applicant
AND	THE QUEEN Respondent

SC 18/2019
BETWEEN	BRANDON JAMES ROCHE Applicant
AND	THE QUEEN Respondent

Court:	William Young, O’Regan and Ellen France JJ
Counsel:	E Huda for Applicants K L Kensington for Respondent
Judgment:	21 March 2019

JUDGMENT OF THE COURT

ALeave to appeal is granted to the applicants (Rolleston v R [2018] NZCA 611).

BThe approved question is whether the Court of Appeal was correct to dismiss the conviction appeals.

____________________________________________________________________

REASONS

1. There will be an initial hearing on the appeal to determine whether or not orders should be made directing an independent practitioner to interview the jury foreperson or jury members more generally. 

Solicitors:
Patient & Williams, Christchurch for Applicants
Crown Law Office, Wellington for Respondent