Ashley Dwayne Guy v The Queen - SC 67/2012
Summary
Criminal Appeal – evidence – Evidence Act 2006 – whether the transcript of an interview of the complainant (“the complainant transcript” ) was inadmissible as potentially prejudicial material – whether the complainant transcript was inadmissible as a prior inconsistent statement – whether the transcript of an interview with the accused (“the accused interview transcript”) was inadmissible – whether the trial Judge’s direction to the jury on evidence relating to the complainant was appropriate – whether the Court of Appeal erred in admitting the complainant and accused interview transcripts given the fact neither counsel nor the trial Judge had had the opportunity to address the jury on these materials.[2012]NZCA 416 CA 69/2012
Result
Appeal allowed, conviction quashed, New trial ordered.
19 November 2014
19 November 2014
Additional Information
Application for leave to appeal granted.
The approved ground of appeal is whether the Court of Appeal was correct in holding no substantial miscarriage of justice had occurred, notwithstanding the error in the jury being given and reading the two interview transcripts which had not been put into evidence.
20 December 2012.
10 April 2013
Elias CJ, McGrath, William Young, Chambers, Glazebrook JJ.
Decision reserved.
Rehearing directed. 14 November 2013.
7 October 2014.
Elias CJ, McGrath, William Young, Glazebrook, O’Regan JJ.
Decision reserved.