Kovinantie Vahafolua Fukofuka v The Queen - SC 95/2012
Summary
Criminal Appeal – Evidence Act 2006, s 126(2)(a) – Judicial warnings about identification evidence – Whether the Court of Appeal erred in holding that no substantial miscarriage of justice occurred through the trial Judge’s failure to sum up in terms of s 126(2)(a). [2012] NZCA 510 CA 216/2012
Result
A The application for leave to appeal is granted.
B The approved ground is: was the Court of Appeal correct to find no substantial miscarriage of justice occurred despite the error in the Judge’s direction under s 126 of the Evidence Act 2006?
18 April 2013
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Additional Information
Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.