Content highlight: Adams – Evidence: The Polkinghorne trial
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Polkinghorne v R [2024] NZHC 1148 deals with three applications brought under the Criminal Procedure Act 2011:
- an application by Dr Polkinghorne under s 147 to be discharged on the charge of murder;
- an application by Dr Polkinghorne under s 138(4) to sever the murder and methamphetamine charges (pursued in the event his s 147 application is declined); and
- an oral application by the Crown under s 101 that certain evidence from former colleagues who worked with Dr Polkinghorne at Auckland Eye, an eye specialist group based in Auckland, is admissible at trial.
The first two applications were declined; the third application was granted.
Westlaw:
Polkinghorne v R [2024] NZHC 1148 (see [EA8.02(4)], [EA25.01(14)], [EA40.02(1)(b)])
Please see Adams on Criminal Law – What’s New for a complete list of the amended commentary, as well as a list of other recent Evidence case law added.
