New Zealand Case Law: Decisions & Judgments

Topic

Summing up

Legal area

Court

27 Oct 2023

DONALD DEV KUMAR SINGH v R [2023] NZSC 141

Citation

[2023] NZSC 141
Court

Supreme Court

Leave to appeal was refused because the Court of Appeal correctly assessed the evidence and concluded that a full intoxication direction was not required on the factual record and that, although there was a breach of s 32, it did not give rise to a miscarriage of justice given the context, other directions to the jury, and the strength of the Crown case; no matter of public importance or appearance of miscarriage of justice arose to justify further appeal.
23 Oct 2020

SHARPE v R [2020] NZCA 475

Citation

[2020] NZCA 475
Court

Court of Appeal

The trial judge erred by directing the jury they could convict on any imprisonable offence not pleaded or argued by the Crown, thereby introducing an alternative basis for conviction for the first time in summing up and causing a miscarriage of justice; accordingly the aggravated burglary conviction was quashed and an acquittal directed, and sentences on lesser charges were substituted.
15 Sept 2017

BEAMSLEY v R [2017] NZCA 406

Citation

[2017] NZCA 406
Court

Court of Appeal

The prosecutor's comments were fleeting and corrected; the Judge's summing up emphatically directed the jury that the complainant voluntarily consumed methamphetamine and there was no evidence the appellant supplied it; the summing up fairly and adequately presented the defence and Crown cases; no appreciable risk of miscarriage of justice arose, therefore appeal dismissed.
14 Aug 2012

JANSE v R SC 45/2012

Citation

SC 45/2012
Court

Supreme Court

The Court refused leave because the Court of Appeal had carefully and objectively dismissed the applicant's complaints of bias and errors in directions, the contested factual issues were properly for the jury and do not raise issues of principle or an arguable miscarriage of justice, and the sentence does not raise a question of principle and was appropriate.
9 Mar 2009

TURAKI V R SC 12/2009

Citation

SC 12/2009
Court

Supreme Court

The summing up adequately addressed the defence of lack of murderous intent by emphasising the victim was moving when struck; there was no arguable basis for Supreme Court intervention and no point of public importance or miscarriage of justice, therefore leave is dismissed.

New Zealand Case Law

DONALD DEV KUMAR SINGH v R [2023] NZSC 141

SHARPE v R [2020] NZCA 475

BEAMSLEY v R [2017] NZCA 406

JANSE v R SC 45/2012

TURAKI V R SC 12/2009