Qiu Jian v The Queen - SC 41/2006

Summary

Criminal Appeal – appeal against conviction for blackmail – whether standard of proof required for Crown to satisfy co-conspirators rule of evidence is on balance of probabilities or reasonable evidence of common intention – whether failure to advise defendant to testify in her own defence amounted to a miscarriage of justice – whether trial judge failed to give sufficient direction to jury on use which could be made of threats made by alleged co-conspirators. CA 495/05  3 May 2006

Result

29 September 2006 – Application for leave to appeal granted.

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Appeal allowed, conviction is quashed. New Trial ordered.

5 July 2007

Additional Information

QIU JIANG v R SC 41/2006 [5 July 2007]

R v Qiu CA495/05 [2006] NZCA 74  3 May 2006

JIANG V R SC 41/2006 [9 October 2006]

Hearing date : 9 October 2006

Hearing date : 15 February 2007