New Zealand Case Law: Decisions & Judgments

Topic

Intercepted communications

Legal area

Court

6 Jul 2022

COMMISSIONER OF POLICE v MILOSEVIC [2022] NZHC 1595

Citation

[2022] NZHC 1595
Court

High Court

On the balance of probabilities the house and the remaining sale proceeds of the Ford Ranger were acquired wholly or partly from proceeds of the family's drug offending; the transfer of the house to the respondent did not cure the taint and constituted dealing with proceeds (money laundering or equivalent), therefore both items are tainted property and an assets forfeiture order must be made.
23 Aug 2021

CLAUSEN v R [2021] NZCA 396

Citation

[2021] NZCA 396
Court

Court of Appeal

The Court held that s 22A was satisfied: intercepted communications and surrounding conduct provided reasonable evidence of a conspiracy to purchase and supply pseudoephedrine and that Clausen was a member; the intercepted communications were therefore admissible; the jury verdict was not unreasonable on the totality of the evidence; the sentencing starting point was within range given Clausen's role and the scale of the operation; appeals dismissed.
6 Sept 2017

ALLEN v R [2017] NZCA 392

Citation

[2017] NZCA 392
Court

Court of Appeal

The trial judge did not err in refusing to discharge the jury. The inadvertent audio was inconsequential in context and unlikely to have led to a miscarriage; the judge was best placed to assess its impact. The jurors' observation of the van was addressed by immediate inquiry of the foreperson and clear, repeated, and tailored directions that the jury must decide only on evidence heard in court; those directions eliminated the real risk of prejudice given the circumstances and the strength and nature of the Crown's evidence. Continuance did not result in an unfair trial or an affected outcome…
6 Dec 2016

KHANBIGY v R [2016] NZCA 583

Citation

[2016] NZCA 583
Court

Court of Appeal

The Court dismissed the appeals: the intercepted communications and surveillance provided an adequate circumstantial basis to infer that the appellant obtained and onsold methamphetamine on the specified dates; there was no real risk that counsel's advice not to give evidence affected the verdict; joinder, the reduction to 11 jurors, admission of cash evidence and any publicity did not render the trial unfair, particularly given judicial directions on inferences.
20 Jul 2016

PAKAI & HARRISON V R [2016] NZCA 343

Citation

[2016] NZCA 343
Court

Court of Appeal

The Court dismissed the appeals: the jury could reasonably reject self‑defence because no direct evidence supported the defendants' subjective beliefs at the fatal moment, prior gratuitous and reckless use of the firearm and other facts supported an inference the fatal shot was disproportionate or not defensive, the trial directions were adequate, prosecutorial remarks and evidential presentation did not cause miscarriage, the intercepted prison‑van communications were lawfully obtained under a properly issued surveillance device warrant, and the minimum period of imprisonment for Pakai was n…
2 Jun 2016

WISE & ANOR V R [2016] NZCA 327

Citation

[2016] NZCA 327
Court

Court of Appeal

The amicus curiae's closing address was grossly unprofessional and prejudicial, attacking opposing counsel and attempting to introduce inadmissible material; the judge's directions to the jury were insufficient to remove the substantial risk of unfair prejudice, producing a miscarriage of justice and requiring that the convictions be set aside.
25 May 2016

MURRAY & YATES v R [2016] NZCA 221

Citation

[2016] NZCA 221
Court

Court of Appeal

The convictions under the representative counts (counts 37 and 39) were quashed because the detailed evidence from the 2008 searches was improperly placed before the jury and its prejudicial effect outweighed any probative value (ss7,8 and s30 Evidence Act), producing a miscarriage of justice capable of affecting the verdicts; defects in warrant descriptions by reference to RAPID numbers were a defect but not nullities and were saved by s204 on these facts; voice identification evidence was properly admitted under s46; intercepted conversations involving non-named persons were unlawful beyond…
30 Mar 2009

AROH V R SC 86/2008

Citation

SC 86/2008
Court

Supreme Court

The application for leave to appeal is dismissed because although the trial judge's direction on wilful blindness was inadequate and a hearsay email was admitted, those errors did not produce a miscarriage of justice given the overwhelming evidence of actual knowledge and extensive properly admitted intercepted communications; therefore the test in s 13 Supreme Court Act 2003 is not met.