Tabbasum Mahomed v The Queen - SC 97/2010

Media releases

Summary

Criminal – Failing to Provide the Necessaries of Life – Whether Court of Appeal erred in pre-trial ruling admitting certain propensity/narrative evidence against the applicant – Whether Court of Appeal in dismissing appeal erred in concluding trial Judge not required to give specific directions on propensity evidence at trial – Whether Crown was required to exclude at trial the possibility that murder injury was unsurvivable – Whether Court of Appeal wrong to find sufficient evidence to exclude that possibility.[2010] NZCA 419 CA 790/2009 14 September  2010.

Result

Application for leave to appeal granted.
The approved grounds are: (i) Whether the evidence concerning the child’ s being left in the car on 19 December 2007 was admissible; and (ii) If so, whether the Judge’s directions relating to that evidence were adequate.
2 November 2010
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Appeal dismissed.
19 May 2011

Related Documents

Additional Information

Hearing date : 17 February 2011

Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.