R v TIHEMA & ORS [2019] NZHC 1899

R v TIHEMA & ORS [2019] NZHC 1899

The application for severance was refused; the judge concluded a joint trial of the three defendants is necessary and appropriate and reserved full reasons to be delivered subsequently.

Source-derived case information.

Citation
[2019] NZHC 1899
Parties
Prosecution: The Queen; Defendant: Deborah Tihema; Defendant: Cyle Jetson; Defendant: Mylesha Tihema
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 August 2019
Procedural Posture
Criminal: Murder / Pre Trial — Severance Application / Directions Hearing
Outcome
Severance application refused; joint trial ordered; publication of the judgment and proceedings prohibited until final disposition of the trial.
Legal Topics
Severance, Joint Trial, Fitness to Plead, Publication Ban, Trial Management
Criminal Law Procedure Judicial Administration Severance Joint Trial Fitness to Plead Publication Ban Trial Management

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Summary, issues, holding and outcome

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Parties

The Queen

Prosecution

Deborah Tihema

Defendant

Cyle Jetson

Defendant

Mylesha Tihema

Defendant

Procedural Posture

Criminal: Murder / Pre Trial — Severance Application / Directions Hearing

Legal Issues

  1. 1 Whether the three defendants should be tried jointly or severed
  2. 2 Application by Mylesha Tihema for severance
  3. 3 Impact of the fitness to plead ruling on trial management

Ratio Decidendi

The application for severance was refused; the judge concluded a joint trial of the three defendants is necessary and appropriate and reserved full reasons to be delivered subsequently.

Court Disposition

Severance application refused; joint trial ordered; publication of the judgment and proceedings prohibited until final disposition of the trial.

Orders

  • Severance application dismissed; joint trial of the three defendants ordered.
  • Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available databases until final disposition of the trial.