New Zealand Case Law: Decisions & Judgments

Topic

Controlled delivery

Legal area

Court

27 Mar 2019

R v VEA, COOPER AND SEAL [2019] NZHC 598

Citation

[2019] NZHC 598
Court

High Court

Joinder was appropriate because the charges against Vea and the Operation Grandeur charges share sufficient commonality and cross-admissible evidence so that the probative value of hearing them together outweighs any prejudice; severance under s 138(4) was refused because potential prejudice to co-defendants could be managed by directions and the efficient, fair disposal of all related charges favored a joint trial.
21 Dec 2016

WANG & WEI v R [2016] NZCA 632

Citation

[2016] NZCA 632
Court

Court of Appeal

For Wang the joint representation without informed consent and the failure by counsel to take separate instructions (heightened by use of co-accused as interpreter and prosecutorial evidence focused on Wei) created a real risk the verdict was unsafe; conviction set aside and retrial ordered. For Wei there was no real risk counsel was inhibited or that advice not to testify was defective; his conviction and sentence were upheld and sentencing was within available range given intent and evidence of involvement.
29 Sept 2016

DREVER v R [2016] NZCA 469

Citation

[2016] NZCA 469
Court

Court of Appeal

The Court held hypophosphorous acid is a "material" under s 12A(2)(a), the propensity and expert evidence were properly admitted and did not produce a miscarriage of justice, the police conduct in observing the delivery was lawful because they did not take possession, and none of the other complaints justified overturning the convictions; accordingly the appeal was dismissed and a short extension of time to file the notice of appeal was granted.

New Zealand Case Law

R v VEA, COOPER AND SEAL [2019] NZHC 598

WANG & WEI v R [2016] NZCA 632

DREVER v R [2016] NZCA 469