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Yusuke (David) Sena v The Queen - SC 60/2018

Media releases

Summary

Criminal Appeal – Criminal Procedure Act 2011, s 232(2)(b) – Judge-alone trial –Whether the High Court Judge applied the right standard of review to the applicant’s appeal against conviction.

Result

A Leave to appeal direct to this Court, against the High Court’s judgment (Sena v New Zealand Police [2017] NZHC 2319), is granted.
B The approved ground of appeal is whether the High Court was correct to dismiss Mr Sena’s appeal against conviction brought under s 232(2)(b) of the Criminal Procedure Act 2011.  
10 October 2018 
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A The appeal is allowed.
B The convictions of the appellant are quashed.
C We direct a new trial.
24 May 2019

Hearing Transcripts

Related Documents

District Court decision — Not publicly available

High Court decision — Not publicly available

Leave judgment - leave granted — YUSUKE (DAVID) SENA v NEW ZEALAND POLICE [2018] NZSC 92 [10 October 2018] (PDF 246 KB)

Substantive judgment — YUSUKE (DAVID) SENA v NEW ZEALAND POLICE [2019] NZSC 55 [24 May 2019] (PDF 356 KB)