HURITU v NEW ZEALAND POLICE [2020] NZCA 208
Leave was granted because the application raised an arguable legal question about the admissibility of the complainant's written statement that could affect the safety of the convictions; accordingly a second appeal was warranted and will be heard orally by a Permanent Court.
Source-derived case information.
- Citation
- [2020] NZCA 208
- Parties
- Applicant: Cody Huritu; Respondent: New Zealand Police
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 2 June 2020
- Procedural Posture
- Second Appeal Against Conviction / Leave Application Granted; Appeal to Be Set Down for Oral Hearing
- Outcome
- Leave to bring a second appeal against conviction granted; appeal to be set down for an oral hearing before a Permanent Court, time allowed half a day.
- Legal Topics
- Admissibility of Written Statement, Second Appeal, Leave to Appeal, Judge Alone Trial
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cody Huritu
Applicant
New Zealand Police
Respondent
Procedural Posture
Second Appeal Against Conviction / Leave Application Granted; Appeal to Be Set Down for Oral Hearing
Legal Issues
- 1 Whether the Judge wrongly admitted the complainant's written statement when she failed to appear at the trial
- 2 Whether leave should be granted for a second appeal against conviction
- 3 Whether the appeal should be heard by a Permanent Court and allocated half a day
Ratio Decidendi
Leave was granted because the application raised an arguable legal question about the admissibility of the complainant's written statement that could affect the safety of the convictions; accordingly a second appeal was warranted and will be heard orally by a Permanent Court.
Court Disposition
Leave to bring a second appeal against conviction granted; appeal to be set down for an oral hearing before a Permanent Court, time allowed half a day.
Orders
- A Leave to bring a second appeal against conviction is granted.
- B We direct the appeal be set down for an oral hearing before a Permanent Court, time allowed half a day.
Full Case Text
Judgment text and source record
1 paragraphs
HURITU v NEW ZEALAND POLICE [2020] NZCA 208 [2 June 2020]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA640/2019[2020] NZCA 208BETWEEN CODY HURITUApplicantAND NEW ZEALAND POLICERespondentHearing: 24 February 2020Court: Clifford, Simon France and Lang JJCounsel: N P Chisnall and N T C Batts for ApplicantE J Hoskin for RespondentJudgment: 2 June 2020 at 3.30 pmJUDGMENT OF THE COURTA Leave to bring a second appeal against conviction is granted.B We direct the appeal be set down for an oral hearing before a PermanentCourt, time allowed half a day.____________________________________________________________________REASONS OF THE COURT[1] Mr Huritu faced charges of assaulting his partner, breaching a protection orderand breaching his prison release conditions. He pleaded guilty to the charge ofbreaching his prison release conditions but defended the other two charges. Mr Hurituwas found guilty on both charges following a Judge-alone trial before Judge Cooperon 1 August 2019.11 Police v Huritu [2019] NZDC 15221.[2] Mr Huritu appealed to the High Court against both those convictions on thebasis that the Judge had wrongly admitted a written statement made by thecomplainant, his partner, when she failed to appear at the hearing. Those appealsagainst conviction were dismissed in a judgment delivered by Jagose J on 8 October2019.2[3] Mr Huritu applies for leave to advance a second appeal against thoseconvictions to this Court. On 18 December 2019 this Court directed that theapplication for leave to appeal be determined together with the proposed appeal. Weheard those matters on 24 February 2020.[4] Having considered the application for leave, the issues raised and existingauthorities, we have determined that leave should be granted but that the appeal shouldbe heard separately, by a Permanent Court.Result[5] We grant Mr Huritu leave to bring a second appeal against conviction.[6] We direct the appeal be set down for an oral hearing before a Permanent Court,time allowed half a day.Solicitors:Haigh Lyon, Auckland for ApplicantCrown Law Office, Wellington for Respondent2 Huritu v Police [2019] NZHC 2560.