Jiri Kupec v The Queen - SC 92/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that the trial Judge correctly applied the formulation of recklessness adopted in Cameron v R [2017] NZSC 89 – Whether the Court of Appeal erred in finding that the trial Judge was correct to dismiss a defence submission that, if the applicant proved an innocent state of mind, an acquittal should follow – Whether the Court of Appeal was wrong to find that the trial Judge’ s direction on the applicant’s out of court statement was adequate.
Result
The application for leave to appeal is dismissed.
22 November 2018
22 November 2018
Related Documents
Court of Appeal decision — KUPEC v R [2018] NZCA 377 [19 September 2018]
Leave judgment - leave dismissed — JIRI KUPEC v R [2018] NZSC 113 [22 November 2018] (PDF 41 KB)