The Queen v Norton Ian Maihi

[2003] NZCA 210

IN THE COURT OF APPEAL OF NEW ZEALAND

CA305/03

THE QUEEN

v

NORTON IAN MAIHI

CA307/03

THE QUEEN

v

HOORI RICHIE SLADE

Hearing:28 August 2003

Coram:Glazebrook J
Fisher J
O'Regan J

Appearances:  K C Bailey for Appellant Maihi

L J Postlewaight for Appellant Slade
J C Pike for Crown

Judgment:28 August 2003 

JUDGMENT OF THE COURT DELIVERED BY GLAZEBROOK J

[1]       Mr Maihi and Mr Slade seek leave to appeal against a ruling of Frater J of 4 August 2003.  The accused face charges in respect of two incidents that happened on the night of 6-7 September 2002 and sought separate trials in respect of the charges with regard to each incident.  In addition, Mr Maihi sought to be tried separately from his co-accused.  Frater J refused their applications for severance in both regards. 

[2]       Leave to appeal is granted and the appeals are dismissed.  Reasons will be provided in due course.

[3]       Although the matter is not formally before us for decision, in the light of the Crown submissions which in certain respects suggest a different use, we make the comment that the probative effect of the evidence as to the first incident in its support for the Crown case as to the second incident would not seem to us to extend beyond setting the general context as to the sequence of events on the night in question and providing a basis for any inferences the jury might draw as to mutual knowledge and understanding of each other’s intentions and actions for the purpose of deciding whether the accused were parties to each other’s actions in the second incident.

Solicitors:
L J Postlewaight, Whangarei for Appellant Slade
Crown Law Office, Wellington