Warren Bruce Fenemor v The Queen

[2011] NZSC 93

IN THE SUPREME COURT OF NEW ZEALAND

SC 60/2011
[2011] NZSC 93

WARREN BRUCE FENEMOR

v

THE QUEEN

Court:             Tipping, McGrath and William Young JJ

Counsel:         G J King for Appellant
A Markham for Crown

Judgment:      23 August 2011

z

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted in part.

BThe approved ground is whether the Court of Appeal was correct to hold, following R v Degnan[1] that propensity evidence may be led by the Crown despite that evidence having previously been led at a trial which resulted in an acquittal.

[1]R v Degnan [2001] 1 NZLR 280 (CA).

CWe refuse leave to appeal on the other proposed grounds as they do not, in our view, meet the statutory criteria.

Solicitors:
Crown Law Office, Wellington