Shirinov v The Queen

[2010] NZSC 137

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 103/2010
[2010] NZSC 137

RAFAEL SHIRINOV

v

THE QUEEN

Court:Blanchard, Tipping and William Young JJ

Counsel:R J Stevens for Applicant
J C Pike for Crown

Judgment:16 November 2010 

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

REASONS

[1]       The applicant, who is charged with drug dealing, seeks leave to appeal from a pre-trial decision of the Court of Appeal which held that although evidence had been unlawfully obtained it should nevertheless be admitted at his trial pursuant to s 30 of the Evidence Act 2006.  We are not satisfied that it is in the interests of justice to grant leave to appeal.  There is no point of general or public importance involved.  Nor is there any appearance of a miscarriage of justice. 

[2]       In upholding the decision of the trial court to admit the evidence, the Court of Appeal carefully considered the competing factors in terms of s 30.  There is no call for a third evaluation of these factors in this court.  The concurrent decisions of the courts below represent a conventional application of the statutory criteria against the facts of this particular case.  No question of principle arises which ought to be considered in this court.  For these reasons the application must be dismissed.

Solicitors:
Fanselows, Wellington for Applicant
Crown Law Office, Wellington