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Karl Leslie Raymond Marwood v The Commissioner of Police and others - SC 11/2016

Media releases

Summary

Civil Appeal – Criminal Proceeds (Recovery) Act 2009 – Whether the Court of Appeal erred in concluding that the High Court has no power to exclude improperly obtained evidence in a proceeding under the Criminal Proceeds (Recovery) Act 2009 – Whether the Court of Appeal erred in finding that the High Court Judge was wrong to exclude evidence. [2015] NZCA 608   CA 487/2014

Result

A Leave to appeal is granted (Commissioner of Police v Marwood [2015] NZCA 608).
B The approved question is:Did the Court of Appeal err in holding that the High Court had no jurisdiction (or power) to exclude the challenged evidence obtained by search of the applicant’ s premises and, if so, should the challenged evidence be excluded in this proceeding?11 April 2016
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A The disputed evidence is admissible in these proceedings.
B The appeal is dismissed.
C There is no order as to costs.26 October 2016

Hearing Transcripts

Related Documents

Court of Appeal decision — THE COMMISSIONER OF POLICE v MARWOOD & ORS [2015] NZCA 608 [17 December 2015]

Leave judgment - leave granted — KARL LESLIE RAYMOND MARWOOD v THE COMMISSIONER OF POLICE [2016] NZSC 36 [11 April 2016] (PDF 63 KB)

Substantive judgment — KARL LESLIE RAYMOND MARWOOD v COMMISSIONER OF POLICE [2016] NZSC 139 [26 October 2016] (PDF 350 KB)