Warren Bruce Fenemor v The Queen - SC 60/2011
Media releases
Summary
Criminal – Admissibility of propensity evidence –That some items of evidence admitted were inadmissible propensity evidence – That the trial Judge’s directions on the use of that evidence were inadequate – That the trial Judge erred in preventing the appellant from demonstrating his account of the incident.[2011] NZCA 206 CA 457/2010
Result
The application for leave to appeal is granted in part. The approved ground is whether the Court of Appeal was correct to hold, following R v Degnan that propensity evidence may be led by the Crown despite that evidence having previously been led at a trial which resulted in an acquittal.
We refuse leave to appeal on the other proposed grounds as they do not, in our view, meet the statutory criteria.
23 August 2011
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Appeal dismissed.
21 October 2011
We refuse leave to appeal on the other proposed grounds as they do not, in our view, meet the statutory criteria.
23 August 2011
_________________
Appeal dismissed.
21 October 2011
Related Documents
Substantive judgment — sc 60 2011 warren bruce fenemor v the queen (PDF 130 KB)
Additional Information
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.