IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE
CRI-2019-412-000016
[2019] NZHC 2782
BETWEEN CRAIG ANDREW SNOW
Plaintiff
AND
NEW ZEALAND POLICE
Defendant
Hearing: 23 September 2019 Appearances:
C M Andersen for the Appellant R P Bates for the Respondent
Judgment:
30 October 2019
JUDGMENT OF NATION J
Introduction
[1] Mr Snow faces charges of possession of cannabis, possession of ammunition and possession of a firearm. The charges were based on evidence obtained on 20 April 2018 pursuant to a search warrant.
[2] In the District Court, Mr Snow challenged the admissibility of that evidence. Judge Crosbie ruled the evidence was admissible.1 His Honour found that the search warrant was invalid and the evidence improperly obtained. Despite that, his Honour found the evidence was admissible under the balancing test in s 30 Evidence Act 2006. Mr Snow appeals that decision.
1 Police v Snow [2019] NZDC 6039.
SNOW v POLICE [2019] NZHC 2782 [30 October 2019]
Leave to appeal and principles on appeal
[3] Section 79 Criminal Procedure Act 2011 provides for the making of orders as to admissibility of evidence. Appeals against pre-trial evidential decisions made under s 79 in Judge-alone cases are governed by s 215 Criminal Procedure Act 2011. Leave of the first appeal Court is required.
[4] The evidence in question is fundamental to the prosecution case against Mr Snow. His is not a case where the issue is best dealt with by an appeal post-conviction. There is no reason why leave should not be granted. There is no opposition to leave being granted. I grant it accordingly.
[5] The appeal proceeds by way of an oral hearing and, pursuant to s 221 Criminal Procedure Act, the Court has broad powers to confirm, vary or set aside the decision subject to the appeal.
[6] An appeal under s 221 is a general appeal. Admissibility decisions involve questions of law, not discretion. Accordingly, I must make my own assessment as to the admissibility of the evidence.2
Background
[7] Section 6 Search and Surveillance Act 2012 provides for an issuing officer to issue a search warrant:
6 Issuing officer may issue search warrant
An issuing officer may issue a search warrant, in relation to a place, vehicle, or other thing, on application by a constable if the issuing officer is satisfied that there are reasonable grounds—
(a)to suspect that an offence specified in the application and punishable by imprisonment has been committed, or is being committed, or will be committed; and
(b)to believe that the search will find evidential material in respect of the offence in or on the place, vehicle, or other thing specified in the application.
2 R v Gwaze [2010] NZSC 52, [2010] 3 NZCR 734; Hodgkinson v R [2010] NZCA 547 at [47].
[8] An application was made for the issue of three search warrants on 9 April 2018. The application was made for warrants enabling the Police to search places at:
(a) 12 Panmure…
Continue reading Snow v Police
Sign in free to access the full text
- AGLC
- Snow v Police [2019] NZHC 2782
- Case
- [2019] NZHC 2782
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.