T (SC 51-2025) v The King

Case

[2025] NZSC 117

12 September 2025


NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF COMPLAINANTS PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. SEE

NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF ANY PERSONS UNDER THE AGE OF 18 YEARS WHO IS A COMPLAINANT OR WHO APPEARED AS A WITNESS PROHIBITED BY S 204 OF THE CRIMINAL PROCEDURE ACT 2011. SEE

NOTE: PUBLICATION OF THE APPLICANT’S PREVIOUS CONVICTIONS PROHIBITED BY S 199A OF THE CRIMINAL PROCEDURE ACT 2011. SEE

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 51/2025
 [2025] NZSC 117
BETWEEN

T (SC 51/2025)
Applicant

AND

THE KING
Respondent

Court:

Ellen France, Williams and Kós JJ

Counsel:

J N Olsen for Applicant
J M Pridgeon and D Lye for Respondent

Judgment:

12 September 2025

JUDGMENT OF THE COURT

A The application for leave to appeal is granted (T (CA449/2023) v R [2025] NZCA 136). 

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

____________________________________________________________________

REASONS

  1. Leave to appeal is granted in general terms.  However, counsel are asked to focus on the use of counter-intuitive evidence by the prosecutor and on the effect of the lack of directions to the jury on the use of that evidence.

Solicitors:
Te Tari Ture o te Karauna | Crown Law Office, Wellington for Respondent

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