The Queen v Greer

In this case, Alan Ivo Greer appealed against his conviction and sentence for driving while disqualified, which had been upheld in a previous appeal. The Court of Appeal of New Zealand considered the appeal again following the decision in R v Smith. The key issues for the Court were whether there was a failure by the police to disclose and preserve evidence relevant to the identification of Mr Greer as the driver, whether the Crown's evidence at trial provided a proper basis for the conclusion that Mr Greer was a disqualified driver on 15 May 1996, and whether Mr Greer had the requisite mens rea for the offence of driving while disqualified.

The Court found that the jury had sufficient evidence to conclude that Mr Greer was the driver, as Constable McArdle had recognised him, and Constable Rivers located him based on the radio message. The Court also found that there was no deliberate destruction of photographic or radio evidence, and therefore, this ground of appeal failed. Regarding the proof of disqualification, the Court held that the evidence provided a proper basis for the conclusion that Mr Greer was a disqualified driver on 15 May 1996. Lastly, the Court found that there was sufficient evidence to establish that Mr Greer had the requisite mens rea for the offence, as he was aware of his disqualification.

The Court dismissed all grounds of appeal, and the appeal was dismissed.