New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Pre-trial rulings

Legal area

Court

21 Sept 2017

FENWICK v R [2017] NZCA 422

Citation

[2017] NZCA 422
Court

Court of Appeal

Leave to bring a second appeal was declined because the Court concluded Davison J properly conducted the s 30(2) balancing exercise and, although he found the first production order was improperly issued, exclusion of the text messages would be disproportionate to the impropriety; any error in treating police good faith did not materially affect the outcome and there is no real risk of a miscarriage of justice warranting a second appeal.
27 May 2015

ROBINSON V R [2015] NZCA 203

Citation

[2015] NZCA 203
Court

Court of Appeal

Leave to appeal was granted but the appeal was dismissed on the basis that the District Court ruling admitting certificates of conviction under s49 Evidence Act 2006 was correct and the appellant cannot now challenge the fact of those convictions; the complainant and propensity witnesses will give viva voce evidence and be subject to cross-examination; a publication prohibition was appropriate until final disposition of the trial.