NISHA v R [2015] NZCA 172
The appeal is dismissed on the basis of the Crown's undertaking to call Dr Fletcher and Dr Peebles and the Court held the evidential interview of RS (17 January 2014) is admissible at trial; issues of editing the DVD and rebuttal evidence are for the trial judge to determine.
Source-derived case information.
- Citation
- [2015] NZCA 172
- Parties
- Applicant: Shahidan Nisha; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 14 May 2015
- Procedural Posture
- Criminal Appeal (court of Appeal) / Judgment (result Only) After Hearing
- Outcome
- Leave to appeal granted; appeal dismissed; evidential video admissible at trial; publication ban in place until final disposition of trial.
- Legal Topics
- Admissibility of Evidential Interview, Leave to Appeal, Suppression Order, Editing of Digital Evidence
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shahidan Nisha
Applicant
The Queen
Respondent
Procedural Posture
Criminal Appeal (court of Appeal) / Judgment (result Only) After Hearing
Legal Issues
- 1 Whether evidential video interview of RS dated 17 January 2014 is admissible at trial
- 2 Whether leave to appeal should be granted
- 3 Whether the Crown should call Dr Fletcher and Dr Peebles and whether their testimony will be assisted by the interview
Ratio Decidendi
The appeal is dismissed on the basis of the Crown's undertaking to call Dr Fletcher and Dr Peebles and the Court held the evidential interview of RS (17 January 2014) is admissible at trial; issues of editing the DVD and rebuttal evidence are for the trial judge to determine.
Court Disposition
Leave to appeal granted; appeal dismissed; evidential video admissible at trial; publication ban in place until final disposition of trial.
Orders
- Leave to appeal granted
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
NISHA v R [2015] NZCA 172 [14 May 2015]ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANYPART OF THE PROCEEDINGS (INCLUDING THE RESULT) IN NEWSMEDIA OR ON THE INTERNET OR OTHER PUBLICLY AVAILABLEDATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION INLAW REPORT OR LAW DIGEST PERMITTED.IN THE COURT OF APPEAL OF NEW ZEALANDCA170/2015[2015] NZCA 172BETWEEN SHAHIDAN NISHAApplicantAND THE QUEENRespondentHearing: 12 May 2015Court: Randerson, Courtney and Kós JJCounsel: N P Chisnall for ApplicantB F Fenton for RespondentJudgment: 14 May 2015 at 10:00 amJUDGMENT OF THE COURTA Leave to appeal is granted.B The appeal is dismissed.C The evidential video conducted with RS on 17 January 2014 is admissible at trial.JUDGMENT OF THE COURT(RESULT ONLY)[1] We record that the appeal is dismissed on the footing that the Crown has undertaken to call Dr Fletcher and Dr Peebles at trial. We note that the testimony of the two doctors may be assisted by their first viewing the evidential interview of RS. The reasons for our decision will be delivered as soon as possible.[2] We also record that the parties anticipate the need to edit the DVD to remove irrelevant material. Counsel will confer as to the extent of editing required.[3] It will be for the trial Judge to determine the nature and extent of evidence to be permitted by way of rebuttal.Solicitors:Public Defence Service, Wellington for ApplicantCrown Law Office, Wellington for Respondent