28 Jul 2023
Leave to appeal was granted because the issues concerning whether the photographic evidence was improperly obtained and whether it was nonetheless admissible under s 30 raise questions of law and fact warranting determination by this Court.
18 Apr 2019
No miscarriage of justice was established; the judge could properly find the prosecution proved the assault on the basis of witness testimony without reliance on the photographs, and procedural or evidential complaints raised on appeal were matters for trial and did not justify overturning the conviction.
26 Apr 2018
The court admitted the letter as the defendant's statement under s27 Evidence Act 2006 because it was given to the court with no confidentiality condition and was not improperly obtained; evidence and photographs of prior injuries were admissible as background/narrative to explain the relationship and conduct, but were not admissible as propensity evidence at this stage because their detailed probative value could not yet be assessed and any propensity application can be renewed at the close of the Crown's case; directions and handling of exhibits (photographs kept separate from the initial j…
11 Jul 2012
The proposed evidence could not confidently be said to have been obtainable with reasonable diligence and, because it was likely to have an important influence on the outcome (it related to substantial works and tree removal carried out before the relevant date), the proper course was to remit the proceedings to the District Court for rehearing; remittal was made conditional on the appellants paying the District Court costs of $27,248.60 within 21 days and the appellants were ordered to pay respondents' costs for the High Court hearing equal to the $940 already paid as security for costs.