MARTIN v R [2020] NZCA 565
The application to adduce fresh evidence was declined because the requirements for admission were not met; statutory orders under ss 202 and 205 of the Criminal Procedure Act 2011 were appropriate to prohibit publication of Witness X's identity and evidence.
Source-derived case information.
- Citation
- [2020] NZCA 565
- Parties
- Appellant: Cody Derek Martin; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 12 November 2020
- Procedural Posture
- Criminal Appeal / Court of Appeal Judgment (appeal)
- Outcome
- Application to adduce fresh evidence declined; non-publication orders made under s 202 and s 205 Criminal Procedure Act 2011.
- Legal Topics
- Fresh Evidence, Witness Anonymity, Suppression Order, Criminal Procedure Act 2011 S202, Criminal Procedure Act 2011 S205
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cody Derek Martin
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Court of Appeal Judgment (appeal)
Legal Issues
- 1 Whether to admit fresh evidence on appeal
- 2 Whether to grant non-publication orders for witness identity
- 3 Whether to prohibit publication of witness evidence
Ratio Decidendi
The application to adduce fresh evidence was declined because the requirements for admission were not met; statutory orders under ss 202 and 205 of the Criminal Procedure Act 2011 were appropriate to prohibit publication of Witness X's identity and evidence.
Court Disposition
Application to adduce fresh evidence declined; non-publication orders made under s 202 and s 205 Criminal Procedure Act 2011.
Orders
- Application to adduce fresh evidence declined.
- Order prohibiting publication of name, address, occupation or identifying particulars of Witness X pursuant to s 202 Criminal Procedure Act 2011.
Full Case Text
Judgment text and source record
1 paragraphs
MARTIN v R [2020] NZCA 565 [12 November 2020]ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS,OCCUPATION OR IDENTIFYING PARTICULARS OF WITNESS XPURSUANT TO S 202 CRIMINAL PROCEDURE ACT 2011.ORDER PROHIBITING PUBLICATION OF WITNESS X'S EVIDENCEPURSUANT TO S 205 CRIMINAL PROCEDURE ACT 2011.IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA328/2019[2020] NZCA 565BETWEEN CODY DEREK MARTINAppellantAND THE QUEENRespondentHearing: 2 November 2020Court: Goddard, Duffy and Nation JJCounsel: A M Toohey and C A Twyman for AppellantM J Lillico and S E Trounson for RespondentJudgment: 12 November 2020 at 3.30 pmJUDGMENT OF THE COURTA The application to adduce fresh evidence is declined.B Order prohibiting publication of name, address, occupation or identifyingparticulars of Witness X pursuant to s 202 of the Criminal Procedure Act2011.C Order prohibiting publication of Witness X's evidence pursuant to s 205of the Criminal Procedure Act.____________________________________________________________________[Reasons to follow]Solicitors:Crown Law Office, Wellington for Respondent