KENNY LESLIE MCMILLAN V R SC 87/2008
The application for leave was dismissed because the Court is not persuaded there is a reasonably arguable error in the Court of Appeal's application of the law and there was no real risk of miscarriage of justice given the limiting directions and the facts of the case.
Source-derived case information.
- Citation
- SC 87/2008
- Parties
- Applicant: Kenny Leslie McMillan; Respondent: The Queen
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 5 February 2009
- Procedural Posture
- Criminal Appeal Application for Leave to Appeal to the Supreme Court / Application for Leave to Appeal (dismissed)
- Outcome
- application for leave to appeal dismissed
- Legal Topics
- Admissibility of Co Accused Statements, Prejudice and Limiting Directions, Conspiracy to Supply Drugs, Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenny Leslie McMillan
Applicant
The Queen
Respondent
Procedural Posture
Criminal Appeal Application for Leave to Appeal to the Supreme Court / Application for Leave to Appeal (dismissed)
Legal Issues
- 1 Whether admission of statements and a text message by co-accused caused illegitimate prejudice to the applicant that could not be cured by limiting directions
- 2 Whether the Court of Appeal misapplied the law in dismissing the applicant's appeal
- 3 Whether there was a risk of miscarriage of justice warranting leave to appeal
Ratio Decidendi
The application for leave was dismissed because the Court is not persuaded there is a reasonably arguable error in the Court of Appeal's application of the law and there was no real risk of miscarriage of justice given the limiting directions and the facts of the case.
Court Disposition
application for leave to appeal dismissed
Orders
- Leave to appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
KENNY LESLIE MCMILLAN V R SC 87/2008 5 February 2009IN THE SUPREME COURT OF NEW ZEALAND SC 87/2008 [2009] NZSC 8 KENNY LESLIE MCMILLANvTHE QUEENCourt: Blanchard, Tipping and McGrath JJ Counsel: D L Stevens QC for Applicant G H Allan for Crown Judgment: 5 February 2009JUDGMENT OF THE COURT The application for leave to appeal is dismissed. REASONS[1] The applicant is one of several people convicted in relation to a conspiracy to supply and the actual supply of methamphetamine. The applicant accepted that there was a conspiracy to supply a drug and that supplies were made but his defence was that the subject drug was in fact cannabis. The Court of Appeal dismissed his appeal against conviction. [2] His proposed appeal to this Court concerns illegitimate prejudice he says he suffered at trial because of the admission of certain statements and a text message bytwo of his co-accused. They were admitted against the co-accused only and the jury was directed accordingly not to take them into account against the applicant. He says, however, that such was the extent of the prejudice that the directions could not have been adequate to overcome it. [3] The Court of Appeal rejected an argument along these lines and we consider it was entitled to do so on the facts of this case. We are not persuaded that it is reasonably arguable the Court of Appeal has misapplied the applicable law. No point of general principle is involved. Nor can there be any concern in the instant case that there may have been a miscarriage of justice.Solicitors: Crown Law Office, Wellington