Lyonel Manurewa Te Pou Taniwha v The Queen - SC 115/2015

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Summary

Criminal appeal – Whether a tailored demeanour direction should have been given at trial – Whether evidence of breach of a police safety order was admissible as propensity evidence and whether a “proper use” direction was required in respect of that evidence[2015] NZCA 434   CA 597/2014

Result

A The application for leave to appeal is granted [Taniwha v R [2015] NZCA 434].B The approved questions are whether the Court of Appeal erred in its conclusions that:-no miscarriage of justice arose as a result of the absence of a tailored demeanour direction in the Judge’s summing up to the jury; and-evidence of the appellant’s breach of a police safety order two days after the date covered by the final count alleged in the indictment was admissible and no “proper use” direction was required. 
18 December 2015
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The appeal is dismissed.
8 September 2016

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