Azeeez Mahomed v The Queen - SC 117/2010
Media releases
Summary
Criminal – Murder – 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 evidence of applicant’s low intellectual capacity and wife’s post-natal depression should have been admitted at trial – Whether trial Judge was entitled to comment on applicant’s decision not to give evidence – Whether new evidence of accident purportedly explaining daughter’s injuries should be admitted.[2010] NZCA 419 CA 779/2009 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.
8 February 2011
__________________________
Appeal dismissed.
19 May 2011
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.
8 February 2011
__________________________
Appeal dismissed.
19 May 2011
Related Documents
Substantive judgment — MAHOMED v R SC 97/2010, SC 117/2010 [19 May 2011] (PDF 321 KB)
Additional Information
Hearing date : 17 February 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.