Simon Nicholas Chapman v The Queen

[2011] NZSC 124

IN THE SUPREME COURT OF NEW ZEALAND

SC 101/2011
[2011] NZSC 124

SIMON NICHOLAS CHAPMAN

v

THE QUEEN

Court:             Elias CJ, Blanchard and Tipping JJ

Counsel:         R J Stevens for Applicant
J E Mildenhall for Crown

Judgment:      18 October 2011

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

REASONS

1. The application for leave relates to a pre-trial ruling on the admissibility of evidence.  It is directed only to the application of s 30 of the Evidence Act 2006.  Unless the result reached below raises a serious concern that the proper administration of justice requires the appeal against the s 30 determination to be heard pre-trial, it is not in the interests of justice, in terms of s 13(4) of the Supreme Court Act 2003, for this Court to hear and determine the proposed appeal before the proceeding is concluded by trial.  Although the Court of Appeal[1] in the present case gave only very brief reasons for upholding the trial Court's admission of the evidence,[2] we do not consider that this is a case in which leave should be granted.

   [1]      R v Chapman [2011] NZCA 410.

   [2]      R v Chapman DC Wellington CRI-2009-085-9059 and CRI-2010-085-788, 11 March 2011.

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