R v ERIHE [2016] NZCA 168
The Court held that the High Court judgment did resolve the admissibility of A's hearsay evidence under s18 in favour of admission and that the appeal must be dismissed; however the High Court did not resolve the separate question of receipt or exclusion under s8 in the event charges are severed, which remains open.
Source-derived case information.
- Citation
- [2016] NZCA 168
- Parties
- Appellant: The Queen; Respondent: Frederick Solomon Erihe
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 3 May 2016
- Procedural Posture
- Criminal Appeal / Court of Appeal Hearing on Crown Appeal; Extension of Time and Leave Granted; Appeal Dismissed
- Outcome
- Extension of time to file notice of application for leave to appeal granted; leave to appeal granted; appeal dismissed.
- Legal Topics
- Hearsay, Admissibility, Evidence Act 2006 S18, Evidence Act 2006 S8, Publication Prohibition, Severance of Charges
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Queen
Appellant
Frederick Solomon Erihe
Respondent
Procedural Posture
Criminal Appeal / Court of Appeal Hearing on Crown Appeal; Extension of Time and Leave Granted; Appeal Dismissed
Legal Issues
- 1 Whether the High Court judgment resolved admissibility of A's hearsay evidence under s18 of the Evidence Act 2006
- 2 Whether the High Court resolved receipt or exclusion of A's evidence under s8 in the event charges are severed
- 3 Whether a publication prohibition was required pending trial
Ratio Decidendi
The Court held that the High Court judgment did resolve the admissibility of A's hearsay evidence under s18 in favour of admission and that the appeal must be dismissed; however the High Court did not resolve the separate question of receipt or exclusion under s8 in the event charges are severed, which remains open.
Court Disposition
Extension of time to file notice of application for leave to appeal granted; leave to appeal granted; appeal dismissed.
Orders
- Extension of time to file notice of application for leave to appeal granted
- Leave to appeal granted
Full Case Text
Judgment text and source record
1 paragraphs
R v ERIHE [2016] NZCA 168 [3 May 2016]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.PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS ORIDENTIFYING PARTICULARS OF COMPLAINANTS PROHIBITED BYS 203 OF THE CRIMINAL PROCEDURE ACT 2011.IN THE COURT OF APPEAL OF NEW ZEALANDCA109/2016[2016] NZCA 168BETWEEN THE QUEENAppellantAND FREDERICK SOLOMON ERIHERespondentHearing: 2 May 2016Court: Kós, Courtney and Gilbert JJCounsel: M J Lillico for AppellantK C Bailey for RespondentJudgment: 3 May 2016 at 2.30 pmJUDGMENT OF THE COURTA Extension of time to file notice of application for leave to appeal is granted.B Leave to appeal is granted.C The appeal is dismissed.D Order prohibiting publication of the judgment and any part of theproceedings (including the result) in news media or on the internet orother publicly available database until final disposition of trial.Publication in law report or law digest permitted.[1] Reasons are to follow. Given the imminence of trial, however, we restate theessential conclusions expressed at the end of yesterday's hearing: the judgment underappeal:1(a) does resolve admissibility of A's hearsay evidence under s 18 of theEvidence Act 2006, contrary to the premise of the Crown's appeal, infavour of its admission; and(b) does not resolve the receipt or exclusion of A's evidence under s 8 ofthat Act in the event (as has since occurred) the charges are severed,with those concerning A and those not concerning A tried separately.Solicitors:Crown Law Office, Wellington for AppellantThomson Wilson, Whangarei for Respondent1 R v Erihe [2015] NZHC 1514.