R V GWAZE SC 93/2009
The Supreme Court granted leave to appeal and approved the grounds to determine whether the trial judge erred in admitting hearsay statements attributed to Professor Rode and, if so, whether that error necessitated ordering a new trial.
Source-derived case information.
- Citation
- SC 93/2009
- Parties
- Appellant: The Queen; Respondent: George Evans Gwaze
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 23 November 2009
- Procedural Posture
- Criminal Appeal (leave to Appeal) / Leave to Appeal Granted by the Supreme Court on 23 November 2009
- Outcome
- Leave to appeal granted
- Legal Topics
- Hearsay Admissibility, Admission of Expert Statements, New Trial, Appellate Review
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Queen
Appellant
George Evans Gwaze
Respondent
Procedural Posture
Criminal Appeal (leave to Appeal) / Leave to Appeal Granted by the Supreme Court on 23 November 2009
Legal Issues
- 1 Whether the trial Judge erred in law in admitting hearsay evidence concerning statements said to have been made by Professor Rode
- 2 Whether, if there was an error of law, the Crown's appeal should be allowed and a new trial ordered
Ratio Decidendi
The Supreme Court granted leave to appeal and approved the grounds to determine whether the trial judge erred in admitting hearsay statements attributed to Professor Rode and, if so, whether that error necessitated ordering a new trial.
Court Disposition
Leave to appeal granted
Orders
- Leave to appeal granted.
- Approved grounds: (i) Whether the trial Judge erred in law in admitting at the respondent's trial hearsay evidence concerning statements said to have been made by Professor Rode. (ii) Whether, if there was an error of law, the Crown's appeal should have been allowed and a new trial ordered.
Full Case Text
Judgment text and source record
1 paragraphs
R V GWAZE SC 93/2009 23 November 2009IN THE SUPREME COURT OF NEW ZEALAND SC 93/2009 [2009] NZSC 115 THE QUEENvGEORGE EVANS GWAZECourt: Blanchard, Tipping and McGrath JJ Counsel: D B Collins QC Solicitor-General and B Horsley for Appellant J H M Eaton for Respondent Judgment: 23 November 2009JUDGMENT OF THE COURTA The application for leave to appeal is granted. B The approved grounds are: (i) Whether the trial Judge erred in law in admitting at the respondent's trial hearsay evidence concerning statements said to have been made by Professor Rode. (ii) Whether, if there was an error of law, the Crown's appeal should have been allowed and a new trial ordered.Solicitors: Crown Law Office, Wellington