Ross v R

Judgment Date12 December 2017
Neutral Citation[2017] NZCA 587
Date12 December 2017
CourtCourt of Appeal
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6 cases
  • Smith v R
    • New Zealand
    • Court of Appeal
    • December 5, 2019
    ...in the warning given have not occasioned a miscarriage. The most recent ones are A (CA244/2017) v R [2018] NZCA 225; Ross v R [2017] NZCA 587; leave declined in [2018] NZSC 38; and C (CA66/2015) v R [2016] NZCA 342. Our point is they are decisions on their facts and do not represent any sor......
  • S (CA377/2017) v R
    • New Zealand
    • Court of Appeal
    • April 19, 2018
    ...to a person in Mr S’s position is that some category of offence or of trial is 63 64 Summary Proceedings Act, s 66(7). Ross v R [2017] NZCA 587 at in some way, inherently and objectively, more likely to receive a fair trial before a judge than it is before a jury. Hence, where the error is ......
  • John William Ross v R
    • New Zealand
    • Supreme Court
    • April 30, 2018
    ...because their evidence would not have unequivocally supported Mr Ross’ denial that the children stayed with him.7 2 3 4 5 6 7 Ross v R [2017] NZCA 587 (Winkelmann, Wylie and Whata Evidence Act 2006, s 122. Ross v R, above n 2, at [57]. At [58]–[60]. At [61]–[63]. See at [63]. Our assessment......
  • Swain v R
    • New Zealand
    • Court of Appeal
    • July 19, 2018
    ...issue appropriately by facing up to it and seeking to explain Mr Swain’s position in a way the jury would understand. 10 11 Ross v R [2017] NZCA 587 at E (CA113/2009) (No 2) v R [2010] NZCA 280 at [27]. Cross-examination of Ms McKay and Mr and Mrs B [35] Ms McKay was Mr Swain’s former partn......
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