New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

S104(1)(e) sentencing act callousness
  • 27 Jun 2019

    DAVID NOEL ROIGARD v R [2019] NZSC 63

    Citation
    [2019] NZSC 63
    Court
    Supreme Court

    Leave to appeal against conviction was granted limited to the specific approved question whether the Court of Appeal erred in upholding admissibility of the proposed evidence of witnesses F and W to permit argument under the Evidence Act 2006 (including ss7 and 8); the Court declined to revisit Hudson's no‑presumption rule; leave against sentence and other grounds was declined because they did not meet the miscarriage of justice or public importance thresholds.

    • Prison informant evidence
    • Admissibility under the evidence act 2006
    • S122 evidence act warnings
    • S7 and s8 exclusionary rules
    • S104(1)(e) sentencing act callousness
    • Leave to appeal criteria