Winter v The Queen

[2019] NZSC 8

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

SC 102/2018

[2019] NZSC 8

BETWEEN

JESSE-JAMES WINTER

Applicant

AND

THE QUEEN

Respondent

Court:	William Young, Glazebrook and O’Regan JJ
Counsel:	A J Bailey for Applicant S K Barr for Respondent
Judgment:	21 February 2019

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted (Winter v R

[2018] NZCA 469).

BThe approved ground of appeal is whether the Court of Appeal was correct to dismiss the appeal.

REASONS

[1] The approved ground of appeal covers both the  admissibility of  the  text message and the trial Judge’s alleged failure to leave an included offence to the jury. The Court will also be expecting the parties’ submissions to cover whether, even if there were errors at trial, there was a miscarriage of justice.

Solicitors:

Crown Law Office, Wellington for Respondent

JESSE-JAMES WINTER v R [2019] NZSC 8 [21 February 2019]