The Queen v Malcolm Stanley Smith

[2000] NZCA 13

IN THE COURT OF APPEAL OF NEW ZEALAND CA41/00

THE QUEEN

V

MALCOLM STANLEY SMITH

Hearing:	17 February 2000
Coram:	Blanchard J McGechan J Fisher J
Appearances:	M S Gibson and A M Ives for Appellant J C Pike and M Downs for Crown
Judgment:	17 February 2000

JUDGMENT OF THE COURT DELIVERED BY BLANCHARD J

1. On the application for leave to appeal the s344A ruling on the question of admissibility of the video tape evidence, leave is not granted.  The Court is not satisfied that it is in a position to give a ruling on the limited basis on which the matter was before us.  The trial Judge is able to re-consider the matter in the light of the evidence called or proposed to be called at trial.

2. Leave is given to appeal the order declining severance but that appeal is dismissed.

3. Written reasons will be issued in due course.

Solicitors

P Coles, Palmerston North, for Appellant
Crown Solicitor, Wellington