FRUEAN V R SC 43/2005 [7 September 2005]
IN THE SUPREME COURT OF NEW ZEALAND
SC 43/2005
[2005] NZSC 64
DAVID FRUEAN
v
THE QUEEN
Court: Tipping J and McGrath J
Counsel: A G V Rogers and J G Ussher for Appellant
M D Downs for Crown
Judgment: 7 September 2005
JUDGMENT OF THE COURT
The application for leave to appeal is dismissed.
REASONS
[1] Mr Fruean’s appeal against conviction was dismissed by the Court of Appeal. The Court did not accept his contention
that the trial Judge had failed to direct sufficiently on the use the jury could make of a mixed statement which he had
made to the police. The statement was mixed in that it contained both inculpatory and exculpatory aspects. The Court of
Appeal was of the view that the Judge’s directions were sufficient in the circumstances of this case, particularly as
the appellant had given evidence at his trial. The Court was also of the view that the additional direction which the
appellant contended for would, if anything, have done him more harm than good.
[2] There is nothing in this case which can be said to raise a point of general or public importance;1 nor is there any
basis for concluding that a substantial miscarriage of justice would or might occur if the proposed appeal is not
heard.2 The principles which govern the directions required in relation to mixed statements are sufficiently settled, at
least in general terms, and there is nothing in the circumstances of this case which persuades us that it is necessary
in the interests of justice3 for this Court to re-examine the way in which the Court of Appeal dealt with this aspect of
Mr Fruean’s appeal against conviction.
[3] Having considered the written submissions filed by the parties we have not found it necessary to direct an oral
hearing. The appellant’s proposed appeal does not satisfy the statutory criteria for leave and hence his application is
dismissed.
Solicitors:
Crown Law Office, Wellington
1 Section 13(2)(a) of the Supreme Court Act 2003.
2 Section 13(2)(b ) of the Supreme Court Act 2003.
3 Section 13(1) of the Supreme Court Act 2003.
ENDS