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Peter Hugh McGregor Ellis v The King - SC 49/2019

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Summary

Criminal Appeal – Whether there was a miscarriage of justice arising from risks of contamination of or improperly obtained complainant evidence - Whether there was a miscarriage of justice arising from lack of expert evidence on the reliability of children complainants’ evidence – Whether there was a miscarriage of justice due to unreliable expert evidence being led at trial.

Result

A The application for an extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is granted.  
C The approved ground of appeal is whether a miscarriage of justice occurred in this case.  
31 July 2019
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The appeal is to continue despite the death of the appellant.
1 September 2020
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A The applications to adduce further evidence are granted.
B The appeal is allowed.
C The convictions of the appellant are quashed.
7 October 2022

Date of Hearing

04 October 2021 — 15 October 2021

Judges

Winkelmann CJ, Glazebrook, O'Regan, Williams and Arnold JJ

Case Synopses

Hearing Transcripts

Related Documents

Leave judgment - leave granted — PETER HUGH MCGREGOR ELLIS v R [2019] NZSC 83 [31 July 2019] (PDF 220 KB)

Substantive judgment — PETER HUGH MCGREGOR ELLIS v R [2020] NZSC 89 [1 September 2020] (PDF 70 KB)

Additional document — PETER HUGH MCGREGOR ELLIS v R [2020] NZSC 137 [13 November 2020] Reasons 7 December 2020 (PDF 202 KB)

Supreme court decision — PETER HUGH MCGREGOR ELLIS v R [2021] NZSC 63 [15 June 2021] (PDF 113 KB)

Supreme court decision — PETER HUGH MCGREGOR ELLIS v R [2021] NZSC 77 [1 July 2021] (PDF 260 KB)

Substantive judgment — PETER HUGH MCGREGOR ELLIS v R [2022] NZSC 114 [7 October 2022] (PDF 1.1 MB)

Substantive judgment — PETER HUGH MCGREGOR ELLIS v R [2022] NZSC 115 [7 October 2022] (PDF 1 MB)