DAMIEN SHANE KURU v R [2023] NZSC 102
Leave to appeal granted but appeal is confined: the Court will not revisit R v Owen; arguments must be limited to whether R v Owen principles were properly applied here, whether the police officer's evidence was admissible and if its use caused a miscarriage of justice, and whether party liability directions were...
Source-derived case information.
- Citation
- [2023] NZSC 102
- Parties
- Applicant: Damien Shane Kuru; Respondent: The King
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 10 August 2023
- Procedural Posture
- Criminal Appeal / Leave to Appeal Granted
- Outcome
- Leave to appeal granted
- Legal Topics
- Reasonableness of Jury Verdict, Police Expert Gang Evidence, Miscarriage of Justice, Party Liability Directions, Application of R V Owen
Source-derived case record
Summary, issues, holding and outcome
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Parties
Damien Shane Kuru
Applicant
The King
Respondent
Procedural Posture
Criminal Appeal / Leave to Appeal Granted
Legal Issues
- 1 Whether the Court of Appeal correctly assessed the reasonableness of the jury verdict
- 2 Whether the admission and use of the police officer's evidence caused a miscarriage of justice and whether police officers providing gang evidence should be treated as other experts
- 3 Whether the jury was correctly directed on party liability
Ratio Decidendi
Leave to appeal granted but appeal is confined: the Court will not revisit R v Owen; arguments must be limited to whether R v Owen principles were properly applied here, whether the police officer's evidence was admissible and if its use caused a miscarriage of justice, and whether party liability directions were correct.
Court Disposition
Leave to appeal granted
Orders
- Leave to appeal granted (Kuru v R [2023] NZCA 150).
- Approved question: whether the Court of Appeal was correct to dismiss the appeal.
Full Case Text
Judgment text and source record
1 paragraphs
DAMIEN SHANE KURU v R [2023] NZSC 102 [10 August 2023]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUI O AOTEAROASC 61/2023[2023] NZSC 102BETWEEN DAMIEN SHANE KURUApplicantAND THE KINGRespondentCourt: Glazebrook, O'Regan and Kós JJCounsel: C W J Stevenson for ApplicantM L-L Wong for RespondentJudgment: 10 August 2023JUDGMENT OF THE COURTA Leave to appeal is granted (Kuru v R [2023] NZCA 150).B The approved question is whether the Court of Appeal wascorrect to dismiss the appeal.____________________________________________________________________REASONS[1] The applicant submits that the appeal raises three questions of general or publicimportance:(a) whether the Court of Appeal correctly assessed the reasonableness ofthe jury verdict;(b) whether the admission and use of the police officer's evidence in thiscase caused a miscarriage of justice and, more generally, whether policeofficers providing expert gang evidence should be treated the same wayas any other expert; and(c) whether the jury was correctly directed on party liability.[2] We have granted leave to appeal on general terms, meaning all three issues canbe ventilated in the appeal.[3] We note, however, that the Court will not be revisiting R v Owen.1 This meansthat argument on the first issue should be limited to whether the principles in R v Owenwere properly applied in this case.[4] With regard to the second issue, the parties should confine their argument towhether the evidence of the police officer was admissible in this case and, if so,whether its use caused a miscarriage of justice in this case and only deal with the moregeneral argument insofar as it is relevant to those questions.Solicitors:Crown Law Office, Wellington for Respondent1 R v Owen [2007] NZSC 102, [2008] 2 NZLR 37.