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Justin Ames Johnston v The Queen - SC 61/2015

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Summary

Criminal Appeal – Whether propensity evidence was correctly admitted at trial ­– whether there was sufficient evidence to justify the jury’ s conclusion on intention – whether acts and omissions were sufficiently proximate to constitute an attempt.  [2015] NZCA 162  CA 58/2014[2012] NZCA 559  CA 262/2012

Result

A The application for leave to appeal is granted (Johnston v R [2015] NZCA 162).
B The approved question is whether the trial Judge was wrong to conclude that the actions of the applicant on the night of the alleged offending were sufficiently proximate to constitute the actus reus of an attempt.
15 October 2015
____________________
The appeal is dismissed.
6 July 2016

Related Documents

Leave judgment - leave granted — JUSTIN AMES JOHNSTON v R [2015] NZSC 143   15 October 2015 (PDF 77 KB)

Substantive judgment — JUSTIN AMES JOHNSTON v R [2016] NZSC 83 [6 July 2016] (PDF 210 KB)

Additional Information

Judgment appealed from

JOHNSTON v R CA58/2014 [2015] NZCA 162   12 May 2015

Transcript

Hearing date: 9  February 2016

Elias CJ, William Young, Glazebrook, Arnold, O’Regan JJ