Peniamina Ieremia v The Queen - SC 19/2020
Summary
Criminal Appeal
Result
A Leave to appeal is granted in part (Ieremia v R [2020] NZCA 17).
B The approved questions are:
(i) whether the Court of Appeal was correct to refuse leave to adduce the evidence of Mr Wilson and, if so, whether a miscarriage of justice arose as a result of this evidence not being before the jury at the applicant’s trial; and
(ii) whether the Court of Appeal was correct to conclude that evidence of the complainants’ previous convictions was inadmissible at the applicant’s trial, or that, if any of it was admissible, its exclusion did not cause a miscarriage of justice.
3 July 2020
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A The application to adduce new evidence is granted.
B The appeal is allowed.
C The appellant’s convictions are quashed.
D A retrial is ordered.
E We make an order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of the retrial. Publication in law report or law digest is permitted.
14 December 2020
B The approved questions are:
(i) whether the Court of Appeal was correct to refuse leave to adduce the evidence of Mr Wilson and, if so, whether a miscarriage of justice arose as a result of this evidence not being before the jury at the applicant’s trial; and
(ii) whether the Court of Appeal was correct to conclude that evidence of the complainants’ previous convictions was inadmissible at the applicant’s trial, or that, if any of it was admissible, its exclusion did not cause a miscarriage of justice.
3 July 2020
__________________________
A The application to adduce new evidence is granted.
B The appeal is allowed.
C The appellant’s convictions are quashed.
D A retrial is ordered.
E We make an order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of the retrial. Publication in law report or law digest is permitted.
14 December 2020