Morton v The Queen - SC 86/2015

Summary

Criminal Appeal – Appeal against pre-trial ruling – Evidence Act 2006, s 49 – Appellant charged as party to offending when principals convicted in previous trial – Whether exceptional circumstances exist to direct that convictions are not conclusive evidence of principal offending.[2015] NZCA  322   CA 266/2015

Result

A The application for leave to appeal is granted (M v R [2015] NZCA 322).B The approved question is:“Whether the Court of Appeal erred in its interpretation and application of ss 44 and 49 of the Evidence Act 2006”.
27 August 2015
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A The appeal is allowed.
B Permission under s 49(2)(a) of the Evidence Act 2006 is given to the appellant to adduce evidence from himself and the co-defendants in which they may give their accounts of their interactions with the complainant on the night of the offending and as to the prior sexual relationship of one of the co-defendants with the complainant.
C Permission is refused in respect of the recantation and inconsistent conduct evidence and the evidence referred to in [74] (other than that identified in [77]).
D There is no direction under s 49(2)(b).
5 May 2016

Date of Hearing

18 November 2015

Judges

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

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